Neither party applied to cross-examine on the other's affidavits which I think was wise, because it is doubtful that the answers elicited on such cross-examinations would do more than confirm what the affidavits already contain. I cannot see this area of dispute being resolved except by the trial judge who will have the witnesses before him and be in a position to observe their demeanour and weigh the viva voce evidence given. I cannot conclude from these conflicting affidavits that the plaintiff has a prima face case that no such agreement was entered into on September 5th, nor can I conclude that an agreement was made on that date. To use the words of Sherstobitoff, J.A., in Potash Corporation v. Todd, supra, at p. 192, the material before me in this respect does not present "a sound evidentiary basis" for the issuance of an interlocutory injunction so far as the events of September 5, 1990 are concerned.
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