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The court granted People Corporation an interlocutory injunction enforcing sale-of-business restrictive covenants against White Raven and Nickolas Calla pending trial.
The Court of Appeal allowed Kelowna’s appeal and restored two restrictive covenants protecting a future roadway corridor, finding the covenants were not obsolete and cancellation would injure the city.
The Court of Appeal dismissed leave to appeal from an interlocutory injunction enforcing restrictive covenants against Dr. Minhas and upheld a clarification order.
The court dismissed a summary trial application over a building scheme, finding the record too undeveloped to decide broad injunctions and tenancy issues.
The court awarded $5,000 in equitable damages for an unapproved deck built in breach of a statutory building scheme, refusing to revisit its prior denial of an injunction.
Wrongful dismissal judgment awarding five months’ notice, commission damages, and $25,000 punitive damages; bonus claim dismissed.
The court granted an interlocutory injunction in part, treating the restraints as commercial covenants from a business sale and finding a strong prima facie case for breaches at Pine Centre and Powell River.
The court dissolved a consent interlocutory injunction after finding the plaintiffs unjustifiably delayed trial preparation, causing the expedited trial date to be lost.
The court held that the strict, established prerequisites for a building scheme were not met and equity would not relax those requirements on these facts because Lot 2 had been sold before the 59‑foot covenant was created and the respondents failed to establish the necessary reciprocity and ascertainable scheme; therefore the restrictive covenant (59 feet) and the 2005 statutory declaration are of no force and effect and the parcel register must be amended.
Source excerpt
Adjudicator accepted the Claimants' evidence and the quasi-expert report that the landscapers failed to provide the contracted 4 inches of topsoil and proper grading; this constituted a breach of contract and the appropriate remedy is damages to cover the reasonable cost of performing the promised landscaping, assessed at $15,000 inclusive of HST plus claim costs.
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