The matter involved an Application to set aside an interim Injunction granted on an ex parte basis. The Applicant argued, in part, that there was no serious issue to be tried. In support of this position, she argued that the Respondent’s Pleadings were deficient. In hearing these arguments, Justice Feasby granted leave to the Respondent to amend his Originating Application for Judicial Review, pursuant to Rule 3.65. In doing so, Justice Feasby noted that Courts should exercise discretion to permit a pleading to be amended unless there is a compelling reason not to. Feasby J. also cited Rule 1.3, stating that the subject matter of this case was too significant for the outcome to turn on Pleadings defects that could be remedied.

The interim Injunction that was the subject of the Application was granted pending the outcome of an Application for Judicial Review. Citing Rule 1.4 and 3.23, the Court noted that Injunctions may be granted pending a Judicial Review proceeding. However, ultimately, the Court found that on a balance of convenience, the harm arising to the Applicant outweighed the harm arising to the Defendant. The Application to set aside the interim Injunction was therefore granted.