Fasken was successful in having an application for a permanent injunction against its client dismissed.
A syndicate of co-owners sought a permanent injunction against the YMCAs of Québec alleging breaches of a reciprocal right-of-way and neighbourhood disturbances arising from the YMCA’s operations.
After analyzing the principles of contractual interpretation as applied to the facts and the legal principles governing the exercise of a servitude, the Court found in favour of the YMCAs of Québec and dismissed the application for an injunction.
Pierre Lantoin represented the YMCAs of Québec in this matter.
Jurisdiction
- Québec