What is the appropriate order for a mandatory injunction to remove or modify a structure in a residential development?
British Columbia, Canada
The following excerpt is from McCarten et al. v. Davis et al., 2004 BCSC 962 (CanLII):
In the circumstances, the appropriate order is one similar to that made by Melvin J. in Lynch v. In-situ Production Consultants Ltd., 2000 BCSC 1045, in which that learned judge ordered a mandatory injunction requiring the defendants to remove the structure or to modify it to comply with plans approved in accordance with a clause in the building scheme which applied.
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