What is the test for an interlocutory application respecting the detention, preservation and recovery of property where that property was a pet dog?
British Columbia, Canada
The following excerpt is from Sagoo v. Murray, 2016 BCPC 376 (CanLII):
In the Watson v. Hayward case (supra), the court applied the following four part test to an interlocutory application respecting the detention, preservation and recovery of property where that property was a pet dog: 1. Whether there is an issue to be tried: 2. Whether the applicant has demonstrated a strong prima facie case; 3. Whether irreparable harm will result not compensable by damages at common law if the interlocutory order is not granted; and 4. Where the balance of convenience lies.
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