Supreme Court
Decision Information
Abstract: Application for an interim injunction restraining the Respondent from proceeding in the enactment of certain by-laws - By-laws propose to change the zoning in the Applicant=s area of residence to permit construction of a commercial building - Area for proposed building residential in nature - Applicant contends that the by-laws are being enacted in favour of a private interest rather than the public benefit
Decision: Application refused - Extra-ordinary remedy of injunctive relief must be granted only where no other relief is available - By-laws have not yet passed preliminary stage - Remedy premature at this point - No evidence that balance of convenience favours the Applicant at this time..
Subjects: Municipal law - By-laws and resolutions - PRoceedings to challenge - Remedies - Injunction
Keywords: By-laws
Zoning
Injunction - balance of convenience - premature