What is the test for meeting the condition precedent in the context of an application for an interim injunction against the Minister of Environment?
Alberta, Canada
The following excerpt is from Wayvel Farms Ltd. v. Pork Producers Marketing Board (Alberta), 1985 CanLII 1348 (AB QB):
It appears to me that the above decision is contrary to our Court of Appeal's statement in Heppner v. Minister of Environment (supra) that was set out earlier in this judgment. The onus is on the applicant to present clear evidence to support the submission that there was a failure to meet the condition precedent. The applicant has failed to do so.
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