The plaintiff sought an interim injunction against the defendants for alleged breaches of an oral retainer/employment agreement, fiduciary duties, and confidentiality.
The court found serious issues to be tried regarding whether Mr. Macklin and his company breached their agreement, owed fiduciary duties as a "de facto general manager," and took confidential property.
The balance of convenience plainly favoured the plaintiff, as the potential harm to its business was deemed irreparable and difficult to quantify, while the defendants' inconvenience was less significant.
An interim injunction was granted, prohibiting the defendants from accepting business from specific entities related to the plaintiff's flower transport business until a further interlocutory motion hearing.
