Indexed as:

Pantron I, Corp. v. 421108 Ontario Ltd.

Between

Pantron I, Corporation, Plaintiff (Applicant), and

421108 Ontario Limited c.o.b. as Impression 5 Lifestyles

Products, James Gerard Bertrand, Wenga Industries Limited

and Samuel Mello, Defendants (Respondents)

[1988] O.J. No. 1837

Action No. 31493/88

 Supreme Court of Ontario - High Court of Justice

 Toronto Weekly Court

McKeown J.

November 16, 1988

John A.M. Judge, for the Plaintiff (Applicant).

Raymond G. Colautti and Mark Nazarewich, for the Defendants (Respondents), 421108 Ontario Limited c.o.b. as Impression 5 Lifestyles Products and James Gerard Bertrand.

McKEOWN J. (orally):-- I am not satisfied that a strong prima facie test has been made out because the documentary evidence relating to price is in conflict.

Since the facts are in dispute and the Court cannot make a reasonable determination of what facts are likely to be proven at trial, I must apply the test in American Cyanamid Co. v. Ethicon Ltd. (1978), A.C. 396. That is, whether there is a serious question to be tried and, if so, determining the balance of convenience. I am satisfied that there is a serious question to be tried. Therefore, I must determine the balance of convenience. The Defendants will be out of business if the injunction is granted and the Plaintiff can be compensated in damages. There is no evidence before me to indicate the Defendant is not solvent. The maintenance of the status quo mitigates against the granting of the injunction. I find that the balance of convenience favours the dissolution of the injunction.

McKEOWN J.