No Interlocutory Injunction—How About "Terms" Instead?

Some would say keeping a software license alive by an injunction is like requiring specific performance of a contract – something courts don't like to do. However, a recent Ontario decision appears to have done about just that, by relying on its discretion to grant "terms" according to Ontario Rule 37.13(1) in extending an interim injunction for six months, despite the plaintiff failing to justify its request for an interlocutory injunction to trial.

In this software contract dispute, the Plaintiff ("ProPurchaser") sought to convert an interim injunction into an interlocutory injunction that would require the Defendants ("Wifidelity") to provide access to its software, until trial. Without access, the Plaintiff said it would be out of business.