Case information

Constitutional law — Charter of Rights — Search and seizure — Municipal law — By-laws — Applicant purchasing property in Winnipeg and undertaking renovations to building — Respondent City inspecting property and issuing fines for by-law violations — Applicant commencing action against City, seeking damages and injunctions — Motion judge granting City’s motion seeking summary judgment and dismissing applicant’s claims against City — Court of Appeal dismissing applicant’s appeal — Whether s. 181 of the City of Winnipeg Charter is relevant and sufficient in determining the outcome of this matter, with respect to the issue of entry into a building — Whether City violated previous court order — Whether City’s actions in entering and inspecting building amount to unreasonable search and seizure — Court of King’s Bench Rules, M.R. 553/88, r. 20.01 — City of Winnipeg Charter, S.M. 2002, c. 39, s. 181 — Canadian Charter of Rights and Freedoms, ss. 7, 8.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant, Godwin Smith, and the respondent, the City of Winnipeg, were involved a long-running dispute over a building and property in downtown Winnipeg purchased by Mr. Smith with the intention of renovating it. Mr. Smith commenced various actions against the City, seeking damages and injunctions in relation to the renovation dispute. The City brought a motion for summary judgment, seeking to have all of Mr. Smith’s claims against it dismissed.

A motion judge at the Court of King’s Bench granted the City’s motion for summary judgment, and dismissed all of Mr. Smith’s claims against the City. The Court of Appeal dismissed Mr. Smith’s appeal from the summary judgment decision.

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