Does a judge have to grant an injunction when a breach of a by-law is established?
British Columbia, Canada
The following excerpt is from Maple Ridge (District of) v. Thornhill Aggregates Ltd., 1998 CanLII 6446 (BC CA):
76. With respect, Polai v. City of Toronto, 1972 CanLII 22 (SCC), [1973] S.C.R. 38 does not support the view that a judge has no discretion but to grant an injunction when a breach of a by-law is established. In that case, the only defence was that other persons were also breaching the by-law. It was held that that was not a defence and that there were no other reasons not to grant the injunction. In my view, a judge should always give great weight to the public interest when it can reliably be ascertained, but a judge always has a discretion to refuse to grant an injunction when there are circumstances where some other course may suffice.
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