What is the legal test for a mandatory injunction?
British Columbia, Canada
The following excerpt is from Agricultural Land Commission v. Munro, 2006 BCSC 1408 (CanLII):
A mandatory injunction requires a person to perform a positive act. The general legal test for whether a court should order a mandatory injunction is whether it is just or convenient to do so. While a court has the discretion to issue such an injunction, it is an extraordinary remedy. The nature of the wrong, the availability of other sanctions and the relative effectiveness of those sanctions are all matters the court should consider before deciding whether an injunction should be granted: Interior Health v. Statham, 2005 BCSC 1243.
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