The parties, 50% shareholders in a trucking business, reached an impasse.
The applicant sought orders to operate the business and prepare tax filings, while the respondent moved for an interim injunction to freeze the business assets.
The court dismissed the respondent's injunction motion, finding he failed to establish irreparable harm and the balance of convenience favoured allowing the applicant to generate revenue to pay corporate debts.
The court granted the applicant's motion, permitting him to operate the business exclusively for six months, open a corporate bank account, and ordering both parties to provide financial records to an accounting professional to address unfiled tax returns.