What is the test for a motion for an injunction to prevent the plugging of a gas pipe in a residential street?
Saskatchewan, Canada
The following excerpt is from Potter v Silverwood, 1929 CanLII 238 (SK CA):
The plaintiff says that he wants an injunction because the pipe has been plugged in such a manner that it might easily be re-opened. This is not a sufficient reason for an injunction. Although the injunction is refused, the defendants remain under the obligation so to construct and maintain their public works as not to invade the rights of the plaintiff or of other property-owners: Rowe v. Rochester, supra.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a motion to stay a motion for a stay of motion in the absence of any other litigation certified as a class action in any other province under which the present plaintiffs and the members of the class which they seek to represent can have their claims adjudicated? (Saskatchewan, Canada)
Can a preliminary motion in a class action be heard at the same time as the certification motion? (Saskatchewan, Canada)
What is the test for setting a vehicle in motion without the intention of setting it in motion? (Saskatchewan, Canada)
Can directors of a railway company obtain an injunction to prevent the issue of shares? (Saskatchewan, Canada)
What is the test for a motion to amend the terms of a motion where a plaintiff’s claim is invalid? (Saskatchewan, Canada)
What is the test for error in an appeal of a motion to dismiss an action for want of prosecution? (Saskatchewan, Canada)
When will a motion be brought for damages be heard before the Court of Appeal? (Saskatchewan, Canada)
What is the test for obtaining an interlocutory injunction? (Saskatchewan, Canada)
What is the test for obtaining an injunction in a personal injury matter? (Saskatchewan, Canada)
What is the test for granting an injunction against molestation? (Saskatchewan, Canada)
