The appellant sold land to the City with an agreement that the City would build a road extension to the appellant's remaining lands along a specific route.
The City later discovered it could not build the road as agreed due to environmental assessment requirements for a rail spur, and admitted breach of contract.
The appellant sought a permanent injunction to compel the agreed route and prevent the rail spur.
The application judge dismissed the application, finding damages were an adequate remedy.
The Court of Appeal upheld the decision, noting the appellant failed to plead damages in the alternative.
