Supreme Court

Decision Information

Membertou First Nation v. Johnson

Court Supreme Court
Date 2003-11-12
Citation 2003 NSSC 225
Docket 206275
Judge/Registrar/Adjudicator Edwards, Frank C. (Honourable Justice)
Document Type Library Sheet
Relations Decision - Membertou First Nation v. Johnson - 2003 NSSC 225 - 2003-11-12 - Decision

Decision Content

 

                                     IN THE SUPREME COURT OF NOVA SCOTIA

                 Citation: Membertou Band as represented by the Membertou Band Council and

                                                  Mary Belle Johnson, 2003NSSC225

                                                                                                                                 Date:  20031112

                                                                                                                                  Docket: 206275

                                                                                                                               Registry:  Sydney

Between:

                                        Membertou Band as represented by the

Membertou Band Council        

                        Plaintiff

v.

                                                          Mary Belle Johnson

                       Defendant

 

                                                            LIBRARY HEADING

 

Judge:                       The Honourable Justice Frank C. Edwards

 

Heard:                       October 20, 2003 in Sydney

 

Written Decision:   November 12, 2003                                     

 

Subject:                     Interim Injunctions                 

 

Facts:                         The Plaintiff Membertou Band had brought an action in trespass against the occupier of a house on the Reserve.  The Band sought an interim injunction to force the occupier to vacate.  The Band's main argument was that its authority to administer its housing program would be irreparably harmed if an interim injunction were not granted.

 

Result:                        The application was dismissed.

 

Reason:                       The irreparable harm argument was rejected and the balance of convenience favored the maintenance of the states quo.

 

 

Note:                           Fact specific - no precedent value.

 

 

 

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