The moving party tenant sought an urgent interlocutory injunction to restrain the respondent landlord from interfering with its use of a commercial truck yard.
The respondent had been using the property without paying rent and had locked the moving party out following a violent robbery.
The court applied the RJR-MacDonald test, finding that the continuous interference with the tenant's property rights constituted irreparable harm and that the balance of convenience favoured the tenant.
The court ordered the respondent to vacate the property and granted the tenant exclusive possession.
