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Interlocutory injunction for noise nuisance denied due to lack of expert evidence and failure to show irreparable harm.
The plaintiff, a residential tenant, brought a motion for an interlocutory injunction against a neighbouring bar and its landlords, alleging nuisance from amplified sound and noise vibrations.
The plaintiff sought orders restricting the bar's operations, requiring the installation of a noise limiter, and compelling police response to complaints.
The court dismissed the motion, finding the plaintiff failed to establish irreparable harm or that the balance of convenience favoured an injunction under the RJR-MacDonald test.
The court also found the plaintiff failed to establish a strong prima facie case of nuisance under the alternative Hamilton test, noting the lack of expert evidence regarding sound levels in the plaintiff's apartment.
