Vancise, J., then goes on to hold at p. 18: “[15] This is one of those cases where the plaintiff must establish as a strong prima facie case as a threshold test to the entitlement of injunctive relief and a strong possibility that he will succeed at trial. If the covenant in restraint of trade is found to be prima facie valid and the plaintiff has made out a prima facie case that it has been breached, it will be granted, but if it is not, it will be refused. The plaintiff must therefore establish a strong prima facie case born as to the enforceability of the restrictive covenant and its breach: (See Fellows v. Fisher, [1975] 2 All E.R. 829).”
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