The plaintiffs brought a motion for a mandatory interlocutory injunction to compel their neighbours to relocate a heat pump, alleging the noise and vibration constituted a nuisance and caused health issues.
The court applied the modified RJR-MacDonald test for mandatory injunctions.
The motion was dismissed because the plaintiffs failed to demonstrate a strong prima facie case, largely due to insufficient medical and expert evidence linking the heat pump to their complaints, and failed to establish irreparable harm or that the balance of convenience favoured granting the injunction.
