Wrigley Canada Inc. (moving party) sought an interim injunction and an inspection order under Rule 32 to conduct its own environmental testing on the adjacent property owned by Metrus Properties (responding party).
Metrus had sued Wrigley alleging contamination from Wrigley's property and had refused Wrigley access for testing, subsequently beginning excavation work.
The court granted the injunction and inspection order, finding that Wrigley had demonstrated a serious issue to be tried, would suffer irreparable harm if denied access to conduct independent testing before excavation altered the site, and that the balance of convenience favoured granting the order, especially given Metrus's refusal of access and non-disclosure of excavation plans.
