The plaintiff commercial tenants brought a motion for an interlocutory injunction to prevent their eviction, relief from forfeiture, and a declaration that a December 2020 agreement was void or rescinded due to alleged bad faith and COVID-19 eviction moratoriums.
The court dismissed the motion, finding that the plaintiffs failed to establish irreparable harm or that the balance of convenience favoured them, as their primary concern was a rent increase rather than the loss of the premises.
The court also held that relief from forfeiture was unavailable because the termination was based on a month-to-month tenancy rather than a breach, and that rescinding the agreement required a summary judgment motion, which was premature.
