There were two events in 2022 that took place on August 26 – 28 and September 23 – 25 , 2022 . The August rally resulted in over 200 charges with September yielding 136 more . Worse still , these rallies resulted in OPP officers being swarmed while Town assets such as fire trucks were diverted from normal operations to act as barricades . Equipment was stolen from firetrucks , police cars were damaged , and the roof of a nearby Canadian Tire collapsed due to destruction of property . Private residents were similarly impacted .
Owing to this confirmed pattern of lawlessness , and armed with advertisements promoting the upcoming 2023 rally , the Town proactively sought an injunction to prevent the return of the event that would start in only a few days ’ time . The law calls this form of injunction quia timet , which is Latin for “ because they fear ”. The rationale is that prevention of widespread lawlessness is more efficient than addressing the consequences afterward .
“... the Town proactively sought an injunction to prevent the return of the event ...”
The requirements for a municipality to proactively obtain a quia timet injunction are almost the same as for obtaining a traditional injunction . The municipality must establish a breach of its by-law or other regulation , show irreparable harm if the injunction is not granted , and satisfy the Court that the respondent is not unduly prejudiced if the injunction is imposed . I do not detail these factors here as they were already recounted in my article earlier this year where I summarized a situation involving a homeowner who illegally constructed an industrial-scale athletic facility for his children in his backyard in violation of prevailing by-laws and building codes .
The main difference between a traditional injunction and the quia timet obtained by Wasaga Beach is that because the 2023 rally had yet to take place , the Town did not have to prove an actual breach of its by-laws . Instead , it had to demonstrate a history of illegality supporting that such transgressions would recur . Also , because the organizers were ‘ unknown ’, the Town proceeded ‘ ex-parte ’ ( i . e ., without notice to the respondents ). The Town therefore was expected to be even more impartial and forthcoming with relevant facts to the Court . In granting the injunction , the Court directed the Town to widely circulate the injunction including through a press release so that persons interested with the rally were more likely to receive actual notice of the Order .
The reader may question what benefit the Town achieves if organizers and attendees of the rally are not personally named in the injunction . Organizers can be served with the Order prior to the event commencing . Also , if attendees are found at the rally , they can be served with the injunction if they refuse to leave . In either case , these people must immediately cease their conduct to avoid a Contempt of Court charge . Enforcement therefore can start even prior to the rally and the penalties are more substantial .
A second question is whether the injunction had any meaningful effect . A CTV News Barrie news article updated September 3 , 2023 is titled “ Over 250 charges laid in OPP crackdown on illegal car rally in Wasaga Beach ”. That figure is consistent with the 2022 data . Accordingly , it is inconclusive as to whether the quia timet injunction dissuaded the 2023 rally . On the other hand , as the event was growing every year , the Court Order may have reduced numbers from where they might have been had law enforcement not been armed with the injunction .
What is clear is that a quia timet injunction can be a powerful law enforcement tool . Annual “ biker rallies ” organized by criminal gangs can become sizable affairs similarly yielding thousands of attendees . The cost for obtaining a proactive injunction pale in comparison to the problem at hand . If pursuing this avenue of enforcement , it is important to bring the proactive injunction as soon as possible . 18 mleoa . ca iStock . com / rawpixel