Brian P. O’Marra

The plaintiffs, a taxi company and one of its shareholders, brought a motion for an interim interlocutory injunction against the defendant, another shareholder.

The plaintiffs sought delivery of the business telephone number and an order restraining the defendant from disposing of corporate assets.

Applying the RJR-MacDonald test, the court found there was a serious issue to be tried but concluded the plaintiffs failed to establish irreparable harm, as damages could be quantified.

The court also found the balance of convenience favoured refusing the injunction.

The motion was dismissed with costs awarded to the defendant.

The parties consented to costs fixed at $8,000, all inclusive, payable to the plaintiff's counsel following a prior decision.

The court approved the consent order as reasonable and appropriate.