In that case Mr. Justice Barrow then went on to refer to specific instances of safety concerns in the daycare in issue, at para. 18 of the decision. In so doing, he was contrasting the circumstances before him from those in Interior Health Authority v. Statham, 2005 BCSC 1243, a case in which Mr. Justice McEwan declined to grant an injunction because of the penalty provisions in the statute which might have the desired effect.
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