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The court varied a family-law preservation order to permit the sale of Ocean Place, with net proceeds held in trust, and denied the claimant's rental request.
The deed granted an express easement over Parcel B for public pedestrian use and HRM vehicular access which has not been lawfully extinguished by erosion or changes to the high-water mark; the respondent unlawfully blocked the easement and the court will grant injunctive relief ordering immediate reopening and permitting of access, with authority for the applicant to remove impediments and recover reasonable expenses if the respondent fails to comply; the court will retain jurisdiction for 90 days to address implementation.
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A limited interim injunction was granted pending appeal in a constitutional challenge to British Columbia’s Medicare Protection Act, but only for certain medically necessary private surgeries.
Interlocutory oppression-remedy application partly failed and partly succeeded. Most broad relief was refused, but limited orders protected GEAR access and restricted new CPL filings.
The court dismissed Dialek’s injunction request to keep Navigata providing network services, holding no fair case was shown against Navigata and damages were adequate.
Motion to convert to an action dismissed because the moving party failed to meet the specific content requirements of Rule 6.03(1) and, on the merits, the presumption in favour of proceeding by application applied given the risk of erosion to the applicant’s substantive rights, the predictability and limited hearing length, identifiable witnesses, lack of necessity for trial procedures to assess credibility, and the prejudice, delay and cost conversion would cause.
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The court adjourned the Board’s contempt and injunction hearing, allowed limited further cross-examination, refused broad disclosure, and declined an interim injunction.
Costs reasons in a municipal injunction petition. The court held the consent costs order required assessment at Scale B and rejected special costs based on pre-litigation conduct.
The Court of Appeal dismissed an application to vary a limited stay of injunctions, holding there was no reviewable error in the chambers justice’s balancing of convenience.
British Columbia Court of Appeal allowed AER’s appeals, set aside oppression and injunction orders, and held the challenged transaction did not justify relief under the BCA.
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