The plaintiff relies on the decision of Newbould J. in Mackovic v. Dudo Developments Limited, 2007 CarswellOnt 5219 (ONSC). The fact situation is certainly very similar to the extent that it involved an agreement to purchase lands and a vendor take-back mortgage. In an action for negligent misrepresentations and latent defects, the plaintiffs were granted an injunction to restrain the defendants from selling the land under power of sale pending the trial.
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