The plaintiffs, who had resided in the property for over 25 years, sought an interlocutory injunction to restrain the defendant property owner from interfering with their use of the home pending the resolution of their constructive trust claim.
The defendant had previously attempted to evict the plaintiffs and breached an interim order by attending the property.
The court applied the three-part test for an injunction and found that the plaintiffs would suffer irreparable harm if evicted and that the balance of convenience favoured preserving the status quo.
The interlocutory injunction was granted.
