N. SANGRAR

The applicant, Mississauga Hardware Centre Inc., sought interlocutory and permanent injunctive relief to compel the respondent, Prombank Investment Limited, to remove barriers restricting access to a shopping plaza.

Mississauga Hardware alleged breaches of the implied covenant for quiet enjoyment, the doctrine of non-derogation from grant, and the landlord's duty to act in good faith.

Prombank asserted its contractual right to control plaza access, arguing the restrictions were a reasonable response to parking issues caused by a neighbouring business and that the applicant failed to demonstrate irreparable harm or mitigate losses.

The court applied the three-part test for interlocutory injunctions and found no serious issue to be tried, no irreparable harm, and that the balance of convenience did not favour granting the injunction.

The application was dismissed, with the court finding Prombank's actions to be a measured and reasonable response to the parking problems.

This case involved two applications heard together concerning an Agreement of Purchase and Sale for a condominium unit.

The purchasers (Deangelis) sought specific performance, while the vendor (Weldan) sought a declaration that the agreement was validly terminated, forfeiture of the deposit, discharge of a Certificate of Pending Litigation, and damages.

The purchasers failed to close the transaction on the agreed-upon date due to a lack of funds, despite the agreement containing a "time of the essence" clause.

The court found no evidence of bad faith on the vendor's part and upheld the vendor's right to terminate the agreement due to the purchasers' anticipatory breach and failure to close.

The court declared the agreement validly terminated, the deposit forfeited, and ordered the purchasers to vacate the property.