Stuart Douglas Reddington

The plaintiff homebuilder, Leanne Homes Limited (LHL), brought a motion for an interim interlocutory injunction against the defendant, Avtansh Singh, to prohibit him from selling his property or, alternatively, to have the sale proceeds held in trust.

LHL sought this relief in the context of a main action for damages arising from the defendants' breach of an agreement of purchase and sale for a new home.

The court applied the three-part test for injunctions from RJR-MacDonald Inc. v. Canada (Attorney General).

While a serious issue to be tried was found, the motion failed on the irreparable harm branch, as LHL did not quantify its damages or demonstrate that any judgment would be hollow, especially given the $170,000 deposit it held.

The balance of convenience also favoured the defendant.

The motion for an interim injunction was dismissed.

The appellant mortgagor brought a motion to review a single judge's order denying a stay of a Superior Court order in mortgage enforcement proceedings, and also appealed the underlying order.

The Court of Appeal dismissed both the review motion and the appeal.

The court found that Rule 37.14, which the appellant relied upon to set aside a consent judgment, did not apply as he was represented at the original hearing.

Furthermore, there was no basis to reopen the mortgage enforcement proceedings given the established default and the appellant's inability to refinance or sell the property.