Facts: Witmar Holdings Ltd. sought an interim injunction to prevent Stober Construction Ltd. from operating a crane over its property in Kelowna, BC, citing trespass. The dispute centered on a crane installed by Stober, which could overswing onto Witmar's property, affecting its tenants' use and enjoyment of a rooftop terrace.

Issue: The primary legal issue was whether Stober's crane operation constituted trespass into Witmar’s airspace and if an interim injunction should be granted to prevent this alleged trespass, balancing the potential harm to both parties.

Court’s Ruling: The British Columbia Supreme Court granted an interim injunction against Stober, restraining it from trespassing over Witmar's airspace for four months. The court found that Witmar demonstrated a serious question to be tried, would suffer irreparable harm without the injunction, and the balance of convenience favored granting the injunction.

Costs/Damages: The court did not specify an exact amount of costs or damages to be awarded at this interim stage but mentioned that Witmar is entitled to costs in the cause. The court also required Witmar or its owner to provide Stober with an undertaking as to damages as a term of the injunction order.