The applicant, operating a restolounge, sought an interim injunction to restrain its landlord from leasing space in the same building to a proposed Mediterranean restaurant, relying on an exclusionary clause in its lease.
The applicant argued the new restaurant would operate a similar business and serve alcohol, causing a loss of business.
Applying the RJR-MacDonald test, the court found there was a serious issue to be tried but dismissed the application because the applicant failed to establish irreparable harm that could not be compensated by damages.
