A. Stephens

The applicant tenant, operating a supermarket, sought a declaration and permanent injunction to prevent the respondent landlord from constructing a new LCBO building on the shopping center's parking lot.

The applicant argued the construction would eliminate parking spots and alter access, breaching its proprietary rights under a 1971 lease as amended.

The court found the lease granted the applicant a proprietary interest in the parking area and minimum parking spots.

The court rejected the landlord's arguments based on estoppel and delay.

Concluding that damages would be an inadequate remedy for the prospective breach of a proprietary right, the court granted the declaration and a permanent injunction prohibiting the construction.

The Ontario College of Pharmacists brought an application for declaratory and injunctive relief against the respondents, who operated an internet pharmacy business selling prescription drugs to consumers outside Canada.

The respondents argued that their corporate restructuring, which involved an Ontario call centre processing orders for a Belize corporation, removed them from the College's jurisdiction.

The court found a sufficient connection to Ontario to engage the College's jurisdiction and determined that the sale of drugs was taking place in Ontario.

The court held that the respondents were operating a pharmacy without accreditation, selling drugs without pharmacists, and improperly using pharmacy designations, in breach of the Drug and Pharmacies Regulation Act and related legislation.

A permanent injunction was granted.