Vancouver (City) v. Sidhu, (1991) 1 B.C.A.C. 229 (CA)

• Judge: McEachern, C.J.B.C., Taylor and Wood, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 03, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 229 (CA)

Vancouver v. Sidhu (1991), 1 B.C.A.C. 229 (CA);

    1 W.A.C. 229

MLB headnote and full text

City of Vancouver (plaintiff/respondent) v. Kewal Singh Sidhu (defendant/appellant)

(No. CA012533)

Indexed As: Vancouver (City) v. Sidhu

British Columbia Court of Appeal

McEachern, C.J.B.C., Taylor and Wood, JJ.A.

June 3, 1991.

Summary:

Sidhu renovated his building. The City of Vancouver commenced an action for declaratory and injunctive relief, arguing that the structure contravened city bylaws. The chambers judge allowed the action. Sidhu appealed.

The British Columbia Court of Appeal allowed the appeal only to the extent of varying slightly the terms of the mandatory injunction.

Injunctions - Topic 2303

Mandatory injunctions - When available - The City of Vancouver obtained a mandatory injunction requiring a landowner to remove renovations to a building which were inconsistent with city bylaws - The injunction also required the landowner to make certain alterations to the premises to bring it into compliance with the bylaws - The British Columbia Court of Appeal refused to set aside the injunction, although the court varied the terms slightly.

Statutes Noticed:

Vancouver (City) Bylaws, Building Bylaw.

Vancouver (City) Bylaws, Zoning and Development Bylaw.

Counsel:

P. Jaffe, for the appellant;

   C. Kinahan, for the respondent.

This appeal was heard before McEachern, C.J.B.C., Taylor and Wood, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered on June 3, 1991, including the following opinions:

Wood, J.A. - see paragraphs 1 to 13;

McEachern, C.J.B.C. - see paragraphs 14, 16, 17;

Taylor, J.A. - see paragraph 15.