What is the test for enforcing a contractual right by injunction?
Ontario, Canada
The following excerpt is from Denison v. Carrousel Farms Ltd., 1981 CanLII 2909 (ON SC):
The enforcement of contractual rights by injunction has a long history. An early case in Ontario is Cockburn v. Quinn (1890), 20 O.R. 519, in which the defendant had a lease from the plaintiff which contained a covenant Not to use the same (the premises) for any purpose but that of a private dwelling and gents' furnishing store, and to use and occupy the premises continuously during the whole of said term for that purpose only. In violation of that covenant the defendant held nightly auction sales in the premises. MacMahon J. found that this was a breach of the covenant and granted an injunction until trial.
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