The plaintiff, Priddle-Luck Professional Corporation, brought a motion for an interim interim interlocutory injunction seeking mandatory orders for the return of client information and disclosure of communications, and prohibitory injunctions against using goodwill/client lists and soliciting clients.
The motion arose from the sale of an accounting practice and subsequent competition.
The court applied the three-part test from RJR-MacDonald Inc. v Canada (serious issue, irreparable harm, balance of convenience) and noted the exceptional nature of mandatory and interlocutory injunctions.
The court found that the test had not been met at this preliminary stage due to significant divergence in evidence requiring further exploration.
Consequently, the motion was dismissed, and costs were reserved.