The applicants, 2235209 Ontario Inc. and Guy Salt, brought motions seeking interim orders including holding sale proceeds in trust, an injunction prohibiting dealings with Lot 5, a Certificate of Pending Litigation (CPL) on Lot 5, and a Mareva Order.
The motions were based on allegations of fraud regarding mortgage amounts, which the applicants claimed vitiated prior settlements where they had terminated their agreements of purchase and sale.
The court dismissed the motions, finding that the applicants failed to establish a serious issue to be tried, irreparable harm, or that the balance of convenience favored granting the injunctions.
The court also noted the applicants' lack of clean hands, delay, and insufficient undertakings.