The applicants, neighbours of the respondent, sought a mandatory injunction requiring the removal of a curb wall constructed of concrete blocks along the respondent’s driveway, alleging it constituted a private nuisance and violated City of Ottawa by-laws.
The court found that the respondent was not in breach of the relevant by-laws and that the applicants failed to prove substantial and unreasonable interference with their property.
The application was dismissed and costs awarded to the respondent.
