Station Road Sewer Association v. Myers

Station Road Sewer Association v. Myers

Interim injunction granted because there is a serious issue to be tried, the plaintiffs would suffer irreparable harm if the respondent shut down the septic system (including potential health and water contamination risks not adequately compensable by damages), and the balance of convenience favors preserving the status quo by permitting applicants to carry out remedial work at their expense subject to regulatory approval; portions of the supporting affidavit were struck for failing to identify sources and statements of belief.

Citation
2008 NSSC 203
Parties
Plaintiff/applicant: Station Road Sewer Association (Heather Conrad et al.); Defendant/respondent: Madeline Myers; Interested Party (watching Brief): Minister of Environment (Nova Scotia)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 June 2008
Procedural Posture
Application for Declaration and Interlocutory Injunction Relating to Enforcement of 1972 Indenture and Access to Septic System / Interlocutory/injunction Hearing and Decision on Interim Relief Prior to Full Trial/hearing
Outcome
Interim injunction granted; costs in the cause
Legal Topics
Interim/interlocutory Injunctions, Easement/indenture Enforcement, Affidavit Admissibility and Hearsay, Public Health Risks From Septic Systems, Balance of Convenience Analysis
Source Language
English
Civil Litigation Property Law Equity Environmental Regulatory Law Procedural Law Interim/interlocutory Injunctions Easement/indenture Enforcement Affidavit Admissibility and Hearsay +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Station Road Sewer Association (Heather Conrad et al.)

Plaintiff/applicant

Madeline Myers

Defendant/respondent

Minister of Environment (Nova Scotia)

Interested Party (watching Brief)

Procedural Posture

Application for Declaration and Interlocutory Injunction Relating to Enforcement of 1972 Indenture and Access to Septic System / Interlocutory/injunction Hearing and Decision on Interim Relief Prior to Full Trial/hearing

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding the 1972 indenture and rights to use/maintain the septic system
  2. 2 Whether the plaintiffs would suffer irreparable harm if respondent shut down the septic system
  3. 3 Whether damages would be an adequate remedy and whether plaintiffs' undertaking in damages would protect respondent

Ratio Decidendi

Interim injunction granted because there is a serious issue to be tried, the plaintiffs would suffer irreparable harm if the respondent shut down the septic system (including potential health and water contamination risks not adequately compensable by damages), and the balance of convenience favors preserving the status quo by permitting applicants to carry out remedial work at their expense subject to regulatory approval; portions of the supporting affidavit were struck for failing to identify sources and statements of belief.

Court Disposition

Interim injunction granted; costs in the cause

Orders

  • Interim injunction restraining the respondent from taking any steps to shut down or disconnect the existing septic system that services the plaintiffs' properties
  • Interim injunction permitting the applicants and their contractors or workers to enter the respondent's land as necessary to service, maintain and repair the septic system, subject to minimizing inconvenience to the respondent and meeting regulatory requirements