PRACTICE |
Pleadings |
Motion to Strike |
Business Depot Ltd. v. Canadian Office Depot Inc.
A-26-00
Décary J.A.
5/9/00
3 pp.
Appeal from Trial Division decision ([2000] F.C.J. No. 63 (QL)) dismissing motion to dissolve interlocutory injunction --In 1993, Business Depot started action against Office Depot--Interlocutory injunction granted to Business Depot by Rouleau J.--Office Depot filed motion to dissolve interlocutory injunction alleging delay, significant change in circumstances--Dissolution of interlocutory injunction extraordinary remedy--Court of Appeal will be normally reluctant to intervene in appeals of decisions granting or refusing to grant motion to dissolve interlocutory injunction as much as reluctant to intervene in decisions granting or refusing to grant interlocutory injunction--Dubé J. correctly decided Office Depot, as matter of law, had to establish, on balance of probabilities, true facts now substantially different from facts present when interlocutory injunction granted, or facts changed so dramatically that factual underpinnings of earlier order no longer valid--Burden particularly heavy one--Court in any event reluctant to interfere with interlocutory injunction enduring for 7 years, when case set for trial in 8 months, to last for some 30 days--Appeal dismissed.