How have courts considered the balance of convenience in granting interim injunctions to bands?
British Columbia, Canada
The following excerpt is from Hupacasath First Nation v. Sayers, 2001 BCSC 699 (CanLII):
In Mathias v. Findlay, 1978 CanLII 2188 (BC SC), [1978] 4 W.W.R. 653 at 657 Berger J. gave effect to a similar submission respecting the balance of convenience in granting an interim injunction to a band stating: As to the balance of convenience: The band is entitled to vindicate before this court the lawfulness of its policy of fair and rational allocation of building lots and it is, in my view, on balance, better to do so now than to wait until trial....
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