Havana House Cigar & Tobacco Merchants Ltd. v. Naeini
T-323-97
Rothstein J.
19/2/98
7 pp.
Second application for interlocutory injunction-First application dismissed by Reed J. on basis of deficiencies in plaintiffs' evidence respecting issue of irreparable harm-New evidence speculative-Evidence plaintiffs have suffered or will suffer loss of sales, goodwill due to inferior quality, flavour of counterfeit cigars bearing plaintiffs' trade-marks sold by defendants insufficient-Irreparable harm not proven-Interlocutory injunction extraordinary remedy-Not to be viewed as end in itself-When interlocutory injunction sought long after action commenced, conduct of plaintiffs in moving matter on to trial relevant-Court will take dim view of second interlocutory injunction application when plaintiff has not aggressively been advancing case toward trial-Party ill-advised to keep returning to Court for pre-trial relief in such circumstances-Interlocutory injunction application dismissed-Costs awarded to defendants in sum of $10,000 inclusive of disbursements in any event of cause, payable forthwith.