Does a defendant have to be restrained from keeping a fence in contravention of the building scheme?
British Columbia, Canada
The following excerpt is from Putt v. Kunetsky, 2010 BCSC 394 (CanLII):
In Rideout v. Fliss, 1998 CanLII 2922 at para. 26 (B.C.S.C.), the defendants argued that they should not be restrained from keeping a fence in contravention of the building scheme because the plaintiffs had also violated the scheme by parking their commercial truck on the roadway and running a business from their home. However, these complaints were not enough to deny the plaintiffs a remedy in equity because they lay “outside of the matter” of the fence.
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