The applicant sought an interlocutory injunction to restrain the LCBO from terminating its temporary authorization to operate an agency store and from fulfilling a new contract with a competitor, Daisy Mart, pending a judicial review of the procurement process.
The court dismissed the motion, finding that while there was a serious issue to be tried regarding fairness in the procurement process, the applicant failed to establish irreparable harm, as any financial loss was compensable in damages.
Furthermore, the balance of convenience favoured the competitor, who had already undertaken substantial renovations and incurred expenses in reliance on the contract.
