Can damages be awarded to the Ramanands if a permanent injunction is granted after a trial has been granted?
Manitoba, Canada
The following excerpt is from Ramanand v. De Paula, 2012 MBQB 335 (CanLII):
If such a permanent injunction is granted after a trial, there is no reason why damages could not adequately compensate the Ramanands for the harm suffered prior to trial. I agree with the comments of Josephson J. in Palmer v. Burnaby (City), 2006 BCSC 165, 23 C.P.C. (6th) 185 at para. 45 (B.C.S.C.), that for the purposes of assessing irreparable harm on an interlocutory injunction, there is no reason in principle why a nuisance claim based on unreasonable noise could not be adequately remedied after a trial with damages. See also Slonski v. Pryor, 2002 SKQB 431, [2002] S.J. No. 659 at para. 21 (Q.B.) (QL).
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