What is the test for a finding of actual or likely hardship and inconvenience caused by the registration of CCPLs?
British Columbia, Canada
The following excerpt is from Liquor Barn Income Fund v. Becker, 2011 BCCA 141 (CanLII):
The chambers judge dismissed their application. It was his view that a finding of actual or likely hardship and inconvenience caused by the registration of the CPLs was a threshold requirement before an undertaking as to damages could be granted, and that in the absence of such evidence the appellants’ application had to fail. He did, however, grant the appellants liberty to renew their application “if circumstances develop in the future that would merit such a further application”: Liquor Barn Income Fund v. Mather, 2009 BCSC 1092. To date, the appellants have not renewed their application for either order.
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