The plaintiff, Kalbow Restorations Inc., sought an urgent interlocutory injunction against its franchisor, Goodbye Graffiti Inc., and related parties, alleging improper termination of their franchise agreement.
The court dismissed the motion, finding that Kalbow had committed incurable material defaults under the agreement by using unauthorized chemicals and suppliers, and had not demonstrated a strong prima facie case or a serious issue to be tried.
The court also found no irreparable harm and that the balance of convenience favoured the defendants.
Costs were awarded to the defendants on a partial indemnity basis.
