Précis: The Supreme Court of Newfoundland and Labrador dismissed an application for moorage and access to the defendant wharf.
Facts:The harbour authority served notice on the applicant that he was no longer permitted on its premises and also to remove his boat. A second notice was sent by the harbour authority’s solicitor stating that under the Fishing and Recreational Harbours Act, R.S.C. 1985 c. F-24 and under the provincial Petty Trespass Act the applicant had to remove his vessel from the facility and that he was barred from the facility respectively. The applicant then filed an interlocutory application for access to the wharf without prosecution under the Petty Trespass Act, claiming physical and mental harm as a result of the boat removal and denial of access.
Decision: Application dismissed.
Held: The decision hinged on the “irreparable harm” component of an interlocutory injunction, with the Court reluctant to reason on the “balance of convenience” and “serious issue to be tried” aspects due to on-going proceedings in the Provincial Court on the trespass issue and the deteriorated relations between the parties. The Court found that the applicant had not suffered or would continue to suffer irreparable harm on account of being barred from the facility. As the evidence in support of irreparable mental and physical harm was not tendered by a medical expert, the evidence was inadmissible. Further, the Court found that the applicant’s loss of socializing at the facility would not support a request for interlocutory relief.