Plaza 500 Hotels Ltd. v. Millgate Limited et al., 2019 BCSC 1295
On July 30, 2019 Ken McEwan, Q.C, Laesha Smith and Kelly Ann Maw successfully opposed an application for a mandatory injunction and obtained costs of the application payable forthwith for their client. On the application, the plaintiff sought an injunction against two of the defendants to compel them to execute agreements required for the plaintiff to secure financing. The Court concluded that the plaintiff did not meet any of the three branches of the test for the extraordinary injunctive relief and found at the first stage of the test, that the plaintiff had not established a strong prima facie case in light of the defendants’ arguments on the application. The Court also found that the second branch was not met, agreeing with the defendants that the plaintiff’s arguments that they would suffer irreparable harm if the injunction was not granted, were speculative. The Court dismissed the application and awarded costs to the defendants noting that the application was prematurely brought with inadequate evidence. To see the full Reasons for Judgment see here.
