The plaintiff brought a motion for an interim interlocutory injunction requiring that past and future revenues from certain taxi plates be paid into court pending trial of an ownership dispute between family members.
The plaintiff also sought preservation of the alleged fund under Rule 45.02 of the Rules of Civil Procedure and an accounting.
Applying the tripartite test for injunctive relief from RJR‑MacDonald, the court found there was a serious issue to be tried regarding ownership of the taxi plates but held that the plaintiff failed to demonstrate irreparable harm or that the balance of convenience favoured granting the injunction.
The court also declined to order preservation of funds under Rule 45.02 because no identifiable existing fund had been established and anticipated future revenues do not constitute a specific fund.
The motion and request for an accounting were dismissed.
