The court considered an application by Foodies Curry & Shawarma Inc. for specific performance and injunctive relief regarding an aborted agreement for the sale of restaurant assets to Royal Paan Leasing Ltd. The court dismissed the claims for specific performance and injunctive relief, finding that Foodies breached the agreement by failing to deliver unencumbered chattels or provide the required undertakings.
However, the court granted relief for unjust enrichment, ordering payment of the agreed purchase price through an escrow arrangement to ensure discharge of the remaining encumbrance.
