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The court granted an interim injunction restraining the defendants from entering Lot 13 or filling in the excavation pending trial.
The court dismissed the claim against Hartmut Berger and held that Sun Peaks’ breach did not cause additional compensable loss beyond the agreed $90,000 judgment.
The Court of Appeal dismissed Sun Peaks’ appeal, upholding liability for breach of contract after it approved a neighbour’s house without properly considering the effect on the Griffiths’ property.
The court held that Sun Peaks breached its obligations by approving a house plan without properly considering siting effects on privacy, view lines and overshadowing.
The court held that intermittent parking of a Fortis utility truck on a strata lot was not “storage” under the building scheme and was not a private nuisance.
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