The applicant, Courtney Campbell, sought an interim order for relief from forfeiture and re-entry into his cannabis retail store after the landlord changed the locks.
The court applied the three-part test for interim injunctive relief from RJR MacDonald.
While acknowledging serious issues to be tried regarding the sub-lease and forfeiture, the court found that the applicant failed to establish irreparable harm or that the balance of convenience favored granting the interim order.
This was primarily because the applicant's business was operating without the required provincial and federal licenses for cannabis sales, rendering any lost profits from such an operation not the type of harm the court should consider.
Furthermore, allowing the unlicensed business to reopen posed a risk of charges to the landlord.
The interim relief was dismissed.
