Can the City of Vancouver apply for an injunction to prevent the owner of the Art Gallery from using the building from entering the building's grounds without the permission of the Court of Appeal?
British Columbia, Canada
The following excerpt is from Vancouver (City) v. O’Flynn-Magee, 2011 BCSC 1647 (CanLII):
The City submits it has established trespass at common law because the City has a leasehold interest in the Art Gallery Lands. Therefore, the fact there is a serious question to be tried determines that the injunction should be granted (Cariboo-Chilcotin School v. Van Osch et al, 2004 BCSC 1827, leave to appeal refused 2004 BCCA 570).
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