Plaintiff
Defendant
Background:
Northam Distributor Ltd. and 1057079 B.C. Ltd. (plaintiffs) sought an interlocutory injunction against Roman Hardware Inc., Dilpreet Singh Joura, and Jasbir Singh Kochar (defendants). The dispute arose from a Share Purchase Agreement (SPA), in which the defendants allegedly violated a non-competition clause by operating a competing business.
Legal Issues:
The court analyzed three key factors under RJR-MacDonald Inc. v. Canada:
Outcome:
The application for an interlocutory injunction was dismissed. The court held that the restrictive covenant's enforceability required a full trial.
Costs Awarded:
The court awarded costs on Scale B to the defendants, meaning they were entitled to recover reasonable legal fees. No damages were awarded as the ruling only addressed the injunction request.
Final Decision:
The case remains unresolved regarding contract breaches, as the substantive claims will proceed to trial.
Court
Supreme Court of British ColumbiaCase Number
S249622Practice Area
Corporate & commercial lawAmount
Winner
DefendantTrial Start Date
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