The plaintiff tenant sought a quia timet interlocutory injunction to prevent the defendant landlord from terminating a commercial lease and re-entering the premises.
The restaurant premises had suffered extensive flood damage, and the landlord issued a notice of default citing the tenant's failure to repair with due diligence.
The court applied the RJR-MacDonald test, finding the tenant established a strong prima facie case, would suffer irreparable harm by losing its business, and the balance of convenience favoured preserving the status quo.
The court granted the injunction and alternatively granted relief from forfeiture.
