Key Facts:

• Parties: Parkland Corporation (Applicant) vs. 2700455 Ontario Inc. and related individuals (Respondents).
• Issue: Parkland sought an interlocutory injunction to stop 2700455 Ontario Inc. from selling fuel purchased from other suppliers, allegedly breaching their contract.
• Contract: The agreement required 2700455 Ontario Inc. to sell only Esso-branded fuel supplied by Parkland.
• Breach: In May 2024, the Respondents began selling non-Parkland fuel, escalating to Esso fuel from competitors by November 2024.

Legal Arguments:

1. Applicant (Parkland):
   • Met the tripartite test for an interlocutory injunction:
     • Serious issue to be tried: Clear contractual violation.
     • Irreparable harm: Damage to its business model and potential unrecoverability of damages due to Respondents' financial instability.
     • Balance of convenience: Favored enforcing the contract to preserve market share and business operations.
   • Asserted the Respondents' actions risked encouraging similar breaches by other dealers.
2. Respondents (2700455 Ontario Inc.):
   • Claimed Parkland lacked authorization to provide Esso branding and fuel, nullifying the contract.
   • Asserted no irreparable harm, as damages could be compensated through future revenue.
   • Opposed the injunction, arguing it would disrupt their business.

Court Decision:

• Injunction Granted:
  • Serious issue to be tried: Strong prima facie evidence of breach.
  • Irreparable harm: Financial instability of Respondents and potential loss of market share for Parkland supported this claim.
  • Balance of convenience: Maintaining contractual obligations outweighed potential harm to Respondents.
• Respondents were prohibited from selling non-Parkland-supplied fuel until the case is adjudicated.

Monetary awards/ Costs:

• Written submissions were ordered, limited to three pages per party.
• The document does not specify a total monetary award or damages granted at this stage.