Buckley Industrial Consulting Inc. v. Nurse Next Door Home Healthcare Services, Canada Inc.
Buckley Industrial Consulting Inc.
1256479 B.C. Ltd.
Nurse Next Door Home Healthcare Services, Canada Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

A. Ship

M. Ahmadi

Case Overview:
In Buckley Industrial Consulting Inc. and 1256479 B.C. Ltd. v. Nurse Next Door Home Healthcare Services, Canada Inc., the dispute revolved around the termination of franchise agreements. Nurse Next Door (NND) sought to dissolve an interlocutory injunction that prevented it from granting franchise rights in certain territories, while Buckley Industrial Consulting Inc. argued for maintaining the injunction until trial.

Legal Issues:
The key issue was whether Buckley Industrial Consulting Inc. had unjustifiably delayed trial preparation, thereby justifying the dissolution of the injunction. NND argued that Buckley had failed to meet performance standards under the franchise agreements and had delayed trial proceedings, harming NND’s business.

Consent Injunction:
The injunction, granted by consent in December 2023, prevented NND from selling franchise rights in six regions. This was based on an agreement for an expedited trial in July 2024, which was delayed due to Buckley's lack of preparation.

Court's Analysis:
The court found that Buckley failed to advance the case, breaching the trial schedule, and that NND’s business was harmed by the continued injunction. It ruled that Buckley had caused inordinate delays, and since the franchises had been closed for over a year, the injunction was no longer necessary.

Conclusion and Costs:
The court dissolved the injunction in favor of NND, ruling that damages would be an adequate remedy for Buckley. Nurse Next Door was awarded costs of the application, subject to further submissions on the specific amount.

Supreme Court of British Columbia
S235798
Corporate & commercial law
Defendant