The defendant movie theatre brought a motion for an interlocutory injunction to prohibit the plaintiff and his litigation guardian from picketing outside the theatre and publishing allegedly defamatory statements on social media.
The underlying action involved a personal injury claim where the plaintiff allegedly suffered catastrophic injuries after choking on popcorn.
The court dismissed the motion on procedural grounds, finding it lacked jurisdiction to grant an interlocutory injunction because the defendant had not claimed a permanent injunction in the existing or any intended proceeding.
The court also noted that the defendant's evidentiary record was insufficient to meet the substantive requirements of the RJR-MacDonald test.
