What is the test for determining whether a municipality has a right to seek an injunction?
British Columbia, Canada
The following excerpt is from Peachland (District) v. Peachland Self Storage Ltd., 2011 BCCA 466 (CanLII):
She referred to Martin v. Chilliwack (City), 2003 BCSC 942, [2003] B.C.J. No. 1431, stating that Madam Justice Ballance in that case “confirmed that a strong case had to be demonstrated [by the municipality] and ... also confirmed the existence of [a] residual discretion” as to whether to grant an injunction.
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