Ryan is a 75% shareholder in the plaintiff company who carries on business as “Bloor Street Boxing & Fitness”. The defendant, Zemla, is a 20% shareholder of that company. Zemla opened “Bloor Fitness 24/7”. The plaintiffs sought an interlocutory injunction restraining the defendants from passing off their business as being related to the plaintiffs. The plaintiffs also sought production of documents, and a declaration that the defendants had crashed their website and caused damages.
The Court considered the test for granting an injunction and held that the plaintiffs had not produced sufficient evidence to support the contention that they will suffer irreparable harm if an interlocutory injunction is not granted. Furthermore, the Court held that the declaration sought was akin to a motion for summary judgment and must be scheduled through the Motions Scheduling Court. Furthermore, there was insufficient evidence to grant the motion and to grant the request for further documentation. Thus the motion was dismissed.