. Value Assets Inc. v. Downtown Brampton Development Corporation et al.
In Value Assets Inc. v. Downtown Brampton Development Corporation et al. (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a motion for an interim "injunction that would stop the enforcement or applicability" of a by-law - this within a JR proceeding seeking the quashing of the by-law, a restraining order and damages.
Here the court alludes to the requirement for a damage 'undertaking' (typically a bond) by the applicant for an interlocutory injunction:
[58] I find that those harms significantly outweigh the potential, unquantified loss of rental income to the applicant that might be incurred prior to the determination of this application. Moreover, a party seeking an interlocutory injunction is required to give an undertaking as to damages in the event the injunction is later found to have been unwarranted. Value Assets offers no undertaking to the City or the BIA for damages.
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