A non-party, 2501427 Ontario Limited, brought a motion for an injunction to prevent the closing of a real estate purchase and sale transaction initiated by the plaintiff, 1943237 Ontario Corporation, under a power of sale.
The moving party, which had purchased the defendants' shares, argued the notice of sale was defective and that they were misled.
The court applied the three-part test for injunctions from *RJR MacDonald Inc. v. Canada (Attorney General)*.
The court found no serious issue to be tried, no irreparable harm, and that the balance of convenience did not favour the moving party.
The motion was dismissed.
