The moving party, a church, sought an injunction restraining the termination of its commercial lease by the landlord pending its appeal of a decision validating a 30-day notice of termination.
The Court of Appeal granted the injunction, finding that the interpretation of conflicting lease amendments raised a serious issue to be tried, the church would suffer irreparable harm due to its extensive charitable operations and the risk of the appeal becoming moot, and the balance of convenience favoured the church as it continued to pay rent.
