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Property Owner Secures Injunction against Family Member Claiming Ownership to Her Recreational Property

Posted On: October, 22 2014

Our client was gifted a recreational property 12 years prior to the eruption of a bitter family dispute. Specifically, a family member proceeded to take possession of the property by force and effectively barred our client from attending at or occupying the property. Less than two weeks after our firm was retained by the property’s owner, a judge of the Superior Court of Ontario awarded our client an interim injunction restraining the family member from accessing or dealing with the land in any way. The test for interim interlocutory injunctive relief set out in cases such as RJR MacDonald Inc. v. Canada (AG)(1994), 111 DLR (4th) 385.

 

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