R. Bennett

The applicants, who have Health Canada authorizations to grow medical cannabis, sought an interim injunction to restrain the respondent township from enforcing zoning and interim control by-laws against their industrial-zoned site.

The township argued the applicants were barred by the 'clean hands' doctrine for failing to obtain building permits for site renovations.

The court found the doctrine did not apply, as the permit issue was not directly related to the by-law relief sought.

Applying the RJR-McDonald test, the court granted the injunction, finding the applicants would suffer irreparable harm due to the prohibitive cost of purchasing their prescribed cannabis, and the balance of convenience favoured maintaining the status quo.

The plaintiffs, selling shareholders in a family-owned group of companies, brought an action against the non-selling shareholders, the companies' lawyers, and accountants.

They alleged breach of fiduciary duty, oppression, and knowing assistance arising from a share redemption transaction.

The plaintiffs claimed the defendants failed to disclose material information regarding the potential sale of a core asset to a third party at a higher value.

The court dismissed the action, finding that the share redemption was a product of self-interested negotiations where both sides had independent advice.

No ad hoc fiduciary duty was owed by the non-selling shareholders, lawyers, or accountants to the plaintiffs, and the plaintiffs' expectations were not reasonable under the oppression remedy.