Whelton Hiutin LLP lawyer Arlene Campbell recently successfully defended a motion seeking an interim injunction that would have prevented the sale of a pre-construction property to a third party. The case concerned the purchasers of a lot who breached their agreement of purchase and sale by failing to deliver a valid mortgage approval upon demand by the vendor. As a result of the breach, the agreement was terminated. The Court refused to grant the requested injunction, finding that the plaintiffs would not suffer irreparable harm if the property were sold to a third party and that the vendor would suffer greater harm if they were prevented from reselling the lot. The case is noteworthy for its analysis of the first prong of the RJR-MacDonald test and what is meant by a ‘low threshold’ on a motion for an interim injunction. A copy of the decision, Chehal v. Sunfield Investments (Bramalea) Inc., is available here.