The appellants appealed an order denying an injunction to prevent the sale of a property.
The parties had agreed on the form of the order, which included a paragraph that appeared to be a final determination on the authority of the majority to sell the property.
The Court of Appeal noted that the motion judge's reasons did not amount to a final determination of this issue, and counsel agreed it remained a live issue for trial.
The Court allowed the appeal to the extent of striking out the paragraph that appeared to be a final order, while maintaining the denial of the injunction.
Costs of $3,000 were awarded to the respondents.
