The applicants sought an urgent injunction to prevent the closing of a commercial real estate transaction pursuant to a second mortgagee's power of sale, scheduled for the following day.
The court declined to schedule the urgent motion, finding that the urgency was self-induced as the notice of sale was served months prior.
The court also noted that the alleged irreparable harm was purely monetary and raised concerns that the proceeding should have been brought in the Central East Region where the property is located, rather than Toronto.
