Is final injunctive relief appropriate in property law cases?
British Columbia, Canada
The following excerpt is from Marshall Mountain Telecom Ltd. v The Owners, Strata Plan EPS 4044, 2019 BCSC 1180 (CanLII):
In property law cases, final injunctive relief may be entirely appropriate where there is evidence that one of the parties has interfered with the property rights of the other as declared or otherwise found by the court: Vandenberg v. Olson, 2009 BCSC 1302 at para. 35(b), aff’d 2010 BCCA 204 at para. 19. However, in my view this may be distinguished from cases where there has been nothing more than a failure to act in the face of uncertainty concerning one’s legal obligations. In such cases, declaratory judgment may suffice and the added step of injunctive relief is sometimes unnecessary.
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