The applicant corporation, controlled by the respondent's former partner, brought a motion for a mandatory order compelling the respondent to redeem a mortgage on her home prior to an upcoming family law trial.
The court applied the RJR MacDonald test as modified for mandatory orders, finding the applicant failed to establish a strong prima facie case or irreparable harm.
The court dismissed the motion, noting that the validity of the underlying Minutes of Settlement was a central issue for the impending trial, and awarded costs to the respondent.