What are the factors relevant to the exercise of the court’s in an application for interim possession of land?

British Columbia, Canada


The following excerpt is from Gallant et al v. Gallant et al, 2006 BCSC 523 (CanLII):

In Wiest v. Middelkamp, 2005 BCSC 1626, Halfyard J. at para. 13 wrote: In my opinion, the factors relevant to the exercise of the court’s discretion in this type of application include the following: (a) Whether the respondent has given an acceptable explanation for the delay in prosecuting the claim; (b) Whether, despite the presumed prejudice, no actual prejudice would be incurred by the applicant if the order was not granted; and (c) Whether the respondent’s claim for an interest in the land has at least a reasonable prospect of succeeding.

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