New Brunswick court grapples with test for permanent injunction

Royal Bank of Canada v Dickinson, 2025 NBKB 159, was a case involving a mortgage dispute. The respondent was in default, which “led to a mortgage sale, at which the Applicant was the purchaser, and a subsequent notice to vacate sent to the Respondent by the Applicant. The Respondent has failed to comply with the notice and the Applicant has sought relief from this court”. After dealing with requests for “a declaration of ownership and Read more

Ontario court orders mandatory injunction in franchise dispute

In Keller Williams Realty v VIP Realty Inc., 2025 ONSC 7152, the plaintiffs sought “an order enjoining the Defendants from operating competing real estate brokerages, breaching various terms of their franchise agreements”. “In essence”, the court explained, “the Plaintiffs raise two sets of claims against the Defendants. KWR’s claims concern the Defendants’ alleged breach of the restrictive covenants contained in their license agreements with KWR. . . . KWR argues that the operation of the Defendants’ new brokerages Read more

Alberta Court of Appeal overturns mandatory injunction to transfer land

Scammell v Scammell, 2025 ABCA 425, was an appeal from a decision of a chambers judge “removing [the appellant] as co-trustee of the Scammell Family Trust, appointing her brother Randy Scammell as co-trustee in her place, and directing her to transfer three parcels of land to her brothers Randy and the respondent Colin Scammell”. The court of appeal allowed this appeal in part, setting aside the injunction that had directed the appellant to transfer the Read more

Charter remedy not available in contempt of court case: Alberta Court of Appeal

The underlying dispute in Lymer v Jonsson, 2025 ABCA 423, concerned an investment scheme in breach of the Alberta Securities Act, RSA 2000, c S-4. The appellant in this Alberta Court of Appeal decision from late December 2025 was involved in the promotion of this scheme. The appellant was also, as the court explained, “an undischarged bankrupt [who] has been involved in lengthy bankruptcy proceedings pursuant to which some of the investors sought to trace Read more

BC Supreme Court restrains City of Kelowna from terminating lease in the midst of real-estate-development dispute

350 Doyle Avenue Holdings Inc. v City of Kelowna, 2025 BCSC 2532, concerned an application “for an interlocutory or, alternatively, interim injunction preventing the defendant, the City of Kelowna . . ., from terminating a 99-year lease for property located in downtown Kelowna”. The case involved three conjoined actions over a large-scale real-estate development and the decision to grant an injunction largely turned on the plaintiff’s ability to demonstrate irreparable harm if its request for a pre-trial Read more