Canada Case Law

Langford (City) v. Leppan

Court

Supreme Court of British Columbia

The court found on the totality of the evidence that occupier Darcy Jovic knew of and permitted the ongoing storage, repair and sale of third‑party and unlicensed vehicles at 2616 Viola Place in breach of the Zoning Bylaw; because a bylaw breach was established the court granted declaratory relief and a statutory injunction to prevent future contraventions, but declined to order Jovic to obtain a business licence due to insufficient evidence of his direct commercial operation.

Source excerpt

• Statutory injunction
• Zoning bylaw contravention
• Vehicle storage
• Home occupation restrictions
• Business licensing
• Declaratory relief

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Surrey (City) v. Randhawa

Court

Supreme Court of British Columbia

The court held that unpermitted construction at a Surrey property breached the Building Bylaw and granted the City a statutory injunction and demolition-related orders.

• Statutory injunction
• Building permits
• Stop work order
• Compliance order
• Business records/hearsay
• Occupancy permit

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Fraser Valley (Regional District) v. 13HE13 Holdings Corp.

Court

Supreme Court of British Columbia

The court found the respondent breached the building bylaw by unpermitted construction and granted prohibitory and demolition orders, with costs to the petitioner.

• Building permits
• Bylaw enforcement
• Statutory injunction
• Demolition order
• Public safety
• Costs

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Port Coquitlam (City) v. Ground X Site Services Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Port Coquitlam’s appeal because its application did not adequately plead a factual or legal basis for an injunction against the landowners.

• Statutory injunction
• Development permits
• Pleadings and notice
• Local government act s.489
• Community charter s.274
• Pleadings-and-notice

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Workers' Compensation Board v. Phatte Chuk Framing Ltd.

Court

Supreme Court of British Columbia

The court granted a statutory injunction under s. 97 of the Workers Compensation Act after repeated safety contraventions and continued non-compliance at multiple framing jobsites.

• Statutory injunction
• Workplace safety compliance
• Enforcement
• Fall protection
• Statutory-injunction
• Occupational-health-and-safety

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Fraser–Fort George (Regional District) v. Stander

Court

Supreme Court of British Columbia

The court found the defendant’s property use breached zoning and unsightly-premises bylaws and granted declarations, injunctions, removal powers, and costs.

• Zoning
• Unsightly premises
• Statutory injunction
• Mandatory injunction
• Agricultural land commission act
• Unsightly-premises

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Nova Scotia Veterinary Medical Association v. MacEachern

Court

Supreme Court of Nova Scotia

Manual floating is within the Act's definition of 'dentistry' and thus the 'practice of veterinary medicine' (s.2(s)); the respondent is unlicensed and not exempt; she has objectively continued to advertise, teach and offer manual floating to the public in Nova Scotia; under the lower statutory threshold for injunctions in s.20(1) the NSVMA established reason to believe a continuing contravention and the court granted a permanent injunction limited to prohibiting public practice, teaching, advice and advertising of equine dentistry (while permitting floating of her own horses and non-promotio…

Source excerpt

• Equine dentistry
• Practice of veterinary medicine
• Unlicensed practice
• Statutory injunction
• Freedom of expression

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City of Port Coquitlam v. Ground X Site Service Ltd.

Court

Supreme Court of British Columbia

The Court granted the city partial interlocutory injunctions against Ground X for soil removal, land alteration, public-place deposits, and business-licence breaches, but dismissed the waterways claim and all relief against Bath Properties.

• Statutory injunction
• Bylaw enforcement
• Soil removal and deposit
• Watercourse protection development permit
• Pollution abatement
• Business licence compliance

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Surrey (City) v. Kallu

Court

Supreme Court of British Columbia

The City of Surrey sought a statutory injunction over unauthorized building work, but the court dismissed the petition because the City's evidence was inadmissible and did not prove the bylaw breaches.

• Building bylaw enforcement
• Statutory injunction
• Hearsay and business records
• Demolition order
• After‑the‑fact permits
• Building-bylaw-enforcement

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White Rock (City) v. Mashiana

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia granted White Rock a statutory injunction requiring the Mashianas to remove unauthorized encroachments on City highway land.

• Bylaw enforcement
• Encroachment on highway lands
• Statutory injunction
• Demolition order
• Access to utilities
• Bylaw-enforcement

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