The landlord sought an interim injunction against a tenant operating a restaurant and nightclub alleged to be producing excessive noise that interfered with other commercial tenants in the building.
Evidence showed that noise levels regularly exceeded the maximum permitted level established in a pre-opening Noise Plan and municipal by-law enforcement had issued citations.
Applying the test for interlocutory injunctions from R.J.R. MacDonald v. Canada (A.G.), the court found a serious issue to be tried, a risk of irreparable harm to the landlord through loss of current and prospective tenants, and that the balance of convenience favoured interim relief.
The court ordered the tenant to limit sound output to 91 dBA and to facilitate installation of a noise monitoring system pending the full injunction hearing.
