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Execution - Police Enforcement. Hydro One Networks Inc. v. Shiner
In Hydro One Networks Inc. v. Shiner (Ont CA, 2023) the Court of Appeal considered a prescriptive easement application case, here seeking a declaration that allowed the use of a road (one easement) to access hydro installations (another easement).
In these quotes the court cites a further case that holds it is unnecessary to add to an order that it is to be enforced by the police:[59] I would not grant the request for the order directing the involvement of the Ontario Provincial Police or local police: see Ogden Entertainment Services v. United Steelworkers of America, Local 440 (1998), 38 O.R. (3d) 448 (C.A.), 1998 CanLII 1441, at para. 10. The Ogden case reads at para.10:Applying the test in RJR-MacDonald to the facts as found by the motions judge, we have concluded that there is no valid reason to stay his order, save in one respect. Counsel has appeared here today, with our leave, representing the Ontario Provincial Police. She takes the position that there was no jurisdiction on the part of the motions judge to direct, quoting the order, that "the Ontario Provincial Police enforce the Order of this Honourable Court". Counsel for the parties do not argue against the position advanced on behalf of the OPP. We are of the opinion that there is no basis for directing the OPP to enforce an order arising out of a civil proceeding. Unless a statute directs the contrary, such an order should be directed to a sheriff for enforcement. In the present circumstances, there is no statute directing the contrary. Where the enforcement of an order may give rise to a breach of the peace, the sheriff may require a police officer to assist in the execution. No order is required to gain this assistance. Reference may be had to s. 141 of the Courts of Justice Act.
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