Remedies-Injunctions - Mandatory injunctions - Threshold test -Strength of applicant's case-Defendant was responsible for operation of high school - Wastewater sewage lagoon (Lagoon) was constructed within property of school - Plaintiff owned lands abutting lagoon - Plaintiff sought to develop land for residential use - Plaintiff claimed seepage from lagoon introduced contaminants into their property which was restricting their ability to develop lands - Municipal Government Act, Subdivision and Development Regulation provides that development permits will not be issued for residential dwellings that lie within 300 meters of sanitary lagoon - Plaintiff brought application for injunctive relief- Application dismissed - Plaintiff did meet requirements for injunctive relief set out in RJR-MacDonald - Plaintiff did not establish strong prima facie case against defendant - Plaintiff sought damages in both their statement of claim and amended statement of claim - Plaintiff was unable to assert their claims were not compensable in damages if injunctive relief was not granted - Balance of convenience favored defendants - Plaintiff had known about lagoon prior to purchasing their property - Decommissioning lagoon would have created considerable hardship for defendant and neighboring properties.
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