Background: Inderjit Aulakh owned and operated Trans BC Freightways (2007) Ltd., while Brian Atkins owned WIT Management Corp. and WTC Group Inc., transloading companies. In 2011, Aulakh and Atkins jointly purchased industrial property through J.J. Cool & Co. Ltd. Disputes arose in 2018 regarding contributions towards the property purchase, leading to the cessation of business relations between the companies in late 2020. In January 2021, WIT Management Corp. sued Aulakh for a declaration of beneficial interest and for access to accounting records, while Aulakh counterclaimed for damages due to alleged breaches of a joint venture agreement.

Legal Arguments/Issues: Aulakh appealed an interim injunction that prevented him from trespassing on part of the industrial property. He argued that the chambers judge erred in finding a serious issue to be tried regarding the trespass claim, in assessing the balance of convenience, and in defining the property boundaries. Additionally, he contested the judge’s consideration of claims of oppressive conduct against WIT Management Corp.'s interests.

Court's Ruling: The Court of Appeal dismissed the appeal, affirming the chambers judge’s finding of a serious issue to be tried concerning the trespass claim. The court ruled that the judge’s assessment of the balance of convenience was correct and noted that any harm to Aulakh’s business could be compensated by damages. The interim injunction and the method for defining property boundaries were upheld.

Costs/Damages Awarded: The document did not specify the total amount of costs or damages awarded in favor of the successful party.