Key Facts:

• Issue: Leanne Homes Limited (LHL) alleged a breach of an Agreement of Purchase and Sale (APS) by the defendants for a home in Shelburne, Ontario, priced at $1,182,990. The defendants had paid a $170,000 deposit but failed to close on January 18, 2024.
• Relief Sought: LHL requested an interlocutory injunction to prevent Avtansh from selling his Mississauga property or alternatively, an order to hold sale proceeds in trust.

Court's Analysis:

1. Test for Injunction: Following RJR-MacDonald Inc. v. Canada, the test included:

   • Serious issue to be tried.
   • Irreparable harm to the plaintiff.
   • Balance of convenience.

2. Serious Issue to Be Tried: The court acknowledged the prima facie breach of contract claim as sufficient.

3. Irreparable Harm:

   • The court found no evidence that LHL would suffer harm beyond the $170,000 deposit already held.
   • LHL failed to quantify its damages or prove urgency.

4. Balance of Convenience:

   • The harm to Avtansh, who resides in the property, outweighed LHL’s concerns.

Decision:

• The motion for an injunction was dismissed as LHL did not satisfy the irreparable harm test.
• Costs: Expected to be awarded to Avtansh, likely around $3,500.

Additional Notes:

• Gurmeet Singh and Parneet Kaur Dhunna absconded and were not represented.
• LHL retains the $170,000 deposit, which could mitigate potential damages.