In what circumstances will a court order a mandatory injunction to prevent a plaintiff from seeking damages in lieu of an injunction?
Nova Scotia, Canada
The following excerpt is from National Gypsum (Canada) Ltd. v. Veinot, 2019 NSSC 326 (CanLII):
This Court finds that the circumstances of this case therefore do not constitute the kind of extraordinary circumstances referred to by Cowan C.J.T.D. in Gallant v. MacDonald, 1970 CarswellNS 144, which would allow the award of damages in lieu of a mandatory injunction. Conclusions:
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