September 17, 2020
Ken McEwan, K.C. and Emily Kirkpatrick successfully represented the appellant on this appeal from the granting of a mandatory interlocutory injunction. The application below was made by one registered tenant in common against the other to compel demolition and rebuilding of a home on the jointly-owned property. The Court of Appeal ruled that the chambers judge had erred in both fact and law in granting the injunction, concluding that – given their relationship as co-tenants – “there simply was not a basis in law for the judge to find there is a strong prima facie case that [the respondent] could compel [the appellant] to participate in any fashion in construction of a new residence. Indeed, there is not even a serious issue to be tried.” See Este v. Esteghamat-Ardakani, 2020 BCCA 202.