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Mandatory interlocutory injunction for drainage remediation denied due to balance of convenience and delay.
The plaintiff sought a mandatory interlocutory injunction requiring the defendants to remediate a drainage channel that was allegedly causing flooding on its property.
The plaintiff argued that the defendants had obstructed the channel in breach of a municipal by-law and committed nuisance.
The court found a strong prima facie case but dismissed the motion, holding that the balance of convenience did not favour an injunction given the complexity of the required remediation and that the plaintiff's ten-year delay in seeking relief cast doubt on the prospect of irreparable harm.
