The plaintiffs brought a motion for an interlocutory injunction to compel the defendants to remove construction brackets and work platforms that encroached on the plaintiffs' property.
Applying the RJR-MacDonald test, the court found there was a serious issue to be tried regarding trespass.
However, the motion was dismissed because the plaintiffs failed to establish irreparable harm, as damages could compensate for the construction delay, and the balance of convenience favoured the defendants, who needed the platforms to complete their building.
