LOLG Lawyers Achieve Success On Windsor Injunction Proceeding
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On June 1, 2016, Justice J. Desotti of the Superior Court of Justice released reasons for decision dismissing an injunction motion brought by ThyssenKrupp Industrial Services Canada Inc. against DBS Hearn Inc. and a number of related entities and individuals. Eric Hoaken and Zain Naqi represented the responding Hearn entities and individuals, and achieved success in having the motion dismissed in its entirety. In dismissing the motion, the Court observed that “Rarely does a court see such an unusual set of factual circumstances that as fate would have it, wind up in a vigorously contested request for the extraordinary intervention of injunctive relief”. On August 5, 2016, Justice Desotti released supplementary reasons in which the Hearn parties were awarded $70,000 in costs for the motion. The Court agreed with LOLG’s submission that costs should be paid forthwith, and not deferred to trial or the disposition of the plaintiff’s motion for leave to appeal. The Court also noted the improper and bad-faith conduct of the plaintiff as one of many grounds for the exceptional costs award. The decision on the injunction motion can be found here: Reasons for Decision of Desotti, J. June 1 2016 and the costs decision can be found here: Costs Decision_August 5 2016