In a commercial joint venture dispute over four waterfront land developments, the moving party sought appointment of a receiver-manager or, alternatively, an interlocutory injunction preserving its principal's role as project manager and restraining enforcement of related debt obligations.
The court held that the claimed breaches of the joint venture agreements and asserted fiduciary duties raised serious issues, but not a strong prima facie case, and that any loss was compensable in damages rather than irreparable.
Applying the interlocutory receiver and injunction frameworks, the court found the balance of convenience strongly favoured the responding parties, particularly because the requested relief would effectively rewrite negotiated contractual rights and jeopardize project completion and marketability.
The court also held that a constructive trust notice had been improperly registered under the Land Titles Act, discharged it subject to a 30-day opportunity to seek a certificate of pending litigation, and dismissed the action against one individual defendant.
