Kevin MacDonald

The defendants abandoned a motion to introduce fresh evidence and set aside the trial judgment based on allegations of fraud.

The plaintiff sought costs on a substantial indemnity scale for the abandoned motion.

The court awarded the plaintiff substantial indemnity costs, noting the seriousness of alleging fraud and subsequently abandoning the motion when the affiant recanted.

The court fixed costs at $20,000 plus disbursements, reflecting a reduction for delays caused by the plaintiff's counsel's health issues.

The applicant subtenant sought a permanent or interlocutory injunction to enforce an exclusivity clause in its commercial sublease, which granted it the exclusive right to operate a karaoke club.

The respondent sublandlord had leased another unit to a co-respondent for a restaurant with karaoke.

Finding material facts in dispute, the court ordered the application to proceed to trial.

Applying the RJR-MacDonald test, the court granted an interlocutory injunction restraining the co-respondent from providing karaoke services pending trial, finding a serious issue to be tried, irreparable harm to the applicant's business, and the balance of convenience favouring the applicant.