LOLG Successful in Dismissal of Injunction Motion
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On July 16, 2020, Paul Fruitman and Lars Brusven successfully defended a motion for injunctive relief. The plaintiff claims a partnership interest in a large construction business, and commenced an injunction motion seeking interim payments from the business on the basis of an alleged agreement to pay him for use of certain real estate assets. LOLG argued that that the request for interim payments did not flow from the allegations in the Statement of Claim. LOLG also argued that the plaintiff failed to meet any part of the test for an injunction, such as providing evidence of the alleged agreement to receive interim payments, or evidence of his irreparable harm, such as documents confirming his monthly financial obligations. The Court agreed with LOLG and dismissed the plaintiff’s motion. The Court awarded LOLG’s clients their legal costs on a partial indemnity, all-inclusive basis, to be paid by the plaintiff forthwith. The Court’s endorsement can be found here: Corbiere v Corbiere Reasons