In this case, Paul Gemmink had been retained by the plaintiff owners of a home in the country. Their next-door neighbours had installed an outdoor wood-fired boiled (OWB) to allow them to save money in heating their home. Unfortunately, the smoke emitted by the OWB regularly came over the plaintiffs property. The plaintiffs found it unbearable. One of the plaintiffs was getting strong physical effects from it. As a result, the judge hearing the plaintiffs’ motion for an interlocutory injunction preventing the defendants from using the OWB pending the trial agreed that such an injunction was proper.
An interlocutory injunction is rarely granted. In most cases, the court rules that a full trial is necessary to allow all the issues to be explored fully. However, in this case the motions judge felt that the evidence was so strong in favour of the plaintiffs and the negative effect of the OWB, particularly from the health point of view, so deleterious, that an interlocutory injunction should be granted. 2008canlii11044
The action was completely resolved soon after the injunction was obtained. The OWB was removed by the neighbours without the need for a complete trial.