IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia Real Estate Commission v. Lorway, 2006 NSSC 76]
Date: 20060310
Docket: SH 247204
Registry: Halifax
Between:
The Nova Scotia Real Estate Commission,
a body corporate
Plaintiff
v.
Charles Lorway, Q.C. and Duncan MacEachern, carrying on business as a partnership
under the firm name and style of Lorway MacEachern
Defendant
The Nova Scotia Barristers’ Society, a body corporate
Intervenor
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: In Chambers on February 7, 2006, in Halifax, Nova Scotia
Written Decision: March 13, 2006
Subject: Interim injunction; barristers and solicitors; Real Estate Trading Act
Summary: The Nova Scotia Real Estate Commission seeks an interim injunction against Lorway MacEachern and its partners, Charles Lorway and Duncan MacEachern to enjoin the firm, its partners, associates and employees from trading in real estate without a license pursuant to the Real Estate Trading Act, S.N.S. 1996, c.28.
1. The defendants say they fall within an exception set out in the Act and are therefore not in breach of the Act.
2. The Nova Scotia Barristers’ Society is an Intervenor in this matter.
Issue: Should an interim injunction be granted?
Result: There is a serious issue to be tried. Plaintiff has not established irreparable harm. Balance of convenience favours the defendant. Interim injunction not granted.
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