The plaintiff real estate law firm sought an interlocutory injunction to prevent the defendants from terminating its access to 'Conveyancer', a mission-critical software platform.
The defendants had terminated access after learning the plaintiff was developing a competing software product.
Applying the RJR MacDonald test, the court found a serious issue to be tried regarding a prior commitment not to terminate and good faith dealings.
The court also found the plaintiff would suffer irreparable harm from the inability to close transactions, and the balance of convenience favoured the plaintiff.
The injunction was granted until the plaintiff transitioned to its new software or December 31, 2021.
