Injunction: stay granted against a local authority

Posted by Johannes Schenk on April 19th, 2016 — Posted in Litigation, Municipal Law

2016 BCCA 160 Cowichan Valley Regional District v. Cobble Hill Holdings concerns injunction stays.

The outcome in this case appears to buck a developing trend in which the Courts defer to local government discretion.

The injunction was granted by the lower court to prevent movement of contaminated soil. The Court of appeal granted the stay on the basis that the injunction could cause severe financial hardship to the appellant resulting in an orphaned contamination site.

No Comments

No comments yet.

RSS feed for comments on this post. TrackBack URI

Sorry, the comment form is closed at this time.