The applicant, a restaurant franchisor, moved for an injunction to prevent the respondent landlord from leasing premises in the same mall to a bingo hall, arguing it violated an exclusivity clause prohibiting leases to any 'restaurant, bar or other food service business'.
The court dismissed the motion, finding that the bingo hall's ancillary snack bar did not make it a food service business within the meaning of the exclusivity clause.
The court held there was no serious issue to be tried, the applicant failed to demonstrate irreparable harm, and the balance of convenience favoured the respondent.
