SUPREME COURT OF NOVA SCOTIA
Citation: Anderson v. Evans 2005 NSSC 50
Date: 20050201
Docket: SH 238019
Registry: Halifax
Between:
Cameron Robert Anderson
Plaintiff
vs.
Ross Evans
Defendant
LIBRARY HEADING
Judge: The Honourable Justice David W. Gruchy
Heard: January 31 and February 1, 2005, in Halifax, Nova Scotia
Oral Decision: February 1, 2005
Written Decision: March 7, 2005
Subject: Injunctions (Interim)
Summary: Defendant commenced construction of a “guest house” on his cottage property at Martinique Beach. Plaintiff claims a prescription right to park vehicles on portion of plaintiff’s property. Plaintiff applied for interim injunction.
Issue: Should interim injunction issue?
Result: Applied 5-part test as in Sharpe on Injunctions. Plaintiff may be inconvenienced by construction, but no irreparable harm. Did not file undertaking re damages. Balance of convenience favours defendant.
Application dismissed with costs.
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