2 total
Interlocutory injunction to reinstate resigned corporate director denied for failing to show strong prima facie case.
The plaintiff sought an interlocutory injunction to reinstate him as president and co-director of a corporation following a dispute over a share purchase agreement.
The plaintiff had previously signed an irrevocable resignation as part of a settlement.
The court dismissed the motion, finding the plaintiff failed to establish a strong prima facie case to resile from his resignation, and noted he had adequate remedies under the Business Corporations Act.
Interlocutory injunction to prevent commercial lease termination denied due to lack of serious issue and irreparable harm.
The plaintiff commercial tenant sought an interlocutory injunction to restrain the defendant landlord from terminating its lease.
The plaintiff had failed to provide written notice of renewal on time and had sublet the premises without consent.
The court applied the RJR-MacDonald test and found no serious issue to be tried, as the plaintiff had not made diligent efforts to comply with the lease terms, precluding relief from forfeiture.
Furthermore, the plaintiff failed to establish irreparable harm, as the alleged losses would be suffered by the subtenant, not the plaintiff.
The motion for an interlocutory injunction was dismissed.
