Can a clause of a statutory building scheme be unenforceable in an action seeking an injunction or damages?
British Columbia, Canada
The following excerpt is from Suncourt Homes Ltd. v Cloutier, 2019 BCSC 2258 (CanLII):
A clause of a statutory building scheme may also be found to be unenforceable in an action seeking an injunction or damages. In Dean Park Estates Community Association v. Wachal, 2017 BCSC 1258, Mr. Justice Gaul found a clause of a statutory building scheme to be ambiguous and therefore unenforceable. The relevant clause required approval of construction plans “as hereinafter provided” but failed to provide for a mechanism for approving such plans. As such, Gaul J. found that the clause, because of its vagueness, could not “be successfully used as the legal foundation for the issuance of an injunction or an award of damages” (at para. 50).
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