Feb 29, 2016

This case brought forward interesting issues with respect to injunctions. Essentially, the Applicant brought a proceeding for a mandatory injunction compelling specific performance of an amount to pay.

The decision of Hon. Perell, J is rather short compared to the length of the materials prepared by both parties. Hon. Perell, J dismissed the Application on grounds that Rule 14 of Ontario's Rules of Civil Procedure preclude an Application for a mandatory injunction because an injunction or mandatory order may only be brought "when ancillary to relief claimed in a proceeding" (See paras 19-21).

Hon. Perell J stopped there since the Applicant's claim is barred by the Rules. It is, however, unfortunate because this would have been a case for further comment on the merits of and proper test for a mandatory injunction, notably whether an injunction can be used for an order of specific performance to pay money.