The applicant tenant, operating a Popeyes restaurant, sought an interlocutory injunction to restrain the respondent landlord from proceeding with site servicing and parking lot construction work related to a plaza expansion.
The tenant argued the work would breach a lease provision prohibiting construction that materially interferes with its business operations or access.
The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the tenant failed to establish irreparable harm, as any losses could be quantified and compensated monetarily.
The court also found the balance of convenience favoured the landlord, who had contractual obligations and faced significant delays if the work was halted.
The motion for an interlocutory injunction was dismissed.
