The plaintiffs sought an interlocutory injunction requiring the franchisor to reinstate them in control of a pharmacy during a contractual management period following notice that the franchise relationship would not be renewed.
The dispute arose under an associate agreement governed by the Arthur Wishart Act and included interpretation of provisions allowing the franchisor to assume management control during the final 60 days before expiry.
The court held the requested relief was a mandatory injunction requiring the plaintiffs to demonstrate a strong prima facie case.
The plaintiffs failed to establish even a serious issue to be tried, as the agreement clearly permitted the franchisor to assume management upon expiry by effluxion of time.
Claims of irreparable harm were speculative and the balance of convenience favoured the franchisor.
