The plaintiff brought an urgent motion seeking an interim injunction and declaration allowing it to continue operating events at the defendants’ theatre premises based on an alleged oral agreement requiring monthly payments.
The court found the plaintiff’s evidentiary record incomplete and noted the parties’ ongoing negotiations, the plaintiff’s stopped payment of rent, and the termination of a prior management arrangement.
The court held that the plaintiff failed to establish irreparable harm or that the balance of convenience favoured injunctive relief, particularly where damages would be monetary and the requested relief resembled a mandatory injunction.
The court also declined to order an amendment to the statement of claim to add an injunction claim, noting the pleading required broader amendments.
The motion was adjourned to Motion Scheduling Court and costs were awarded to the defendants.
