Facts: Dispute arose from a series of Notices of Default issued by Recipe Unlimited to First of Five, related to alleged failures in payment and operational deficits. An injunctive relief was sought by First of Five to prevent termination of their franchise agreements.
Issues/Main Discussion: The jurisdiction of the court to grant the relief sought by First of Five, specifically regarding the stay of a decision and the granting of a mandatory injunction pending an appeal.
Ruling: The court concluded it lacked jurisdiction to grant the requested relief, which properly belonged with the Divisional Court as per section 134(2) of the Courts of Justice Act. The matter was transferred to the Divisional Court.
Amount Awarded: Not applicable; focus was on jurisdiction and procedural issues, with costs to be determined by the court ultimately adjudicating the motion.
