What is the appropriateness of quantifying damages in a negative covenant action?
Ontario, Canada
The following excerpt is from Smilecorp Inc v Pesin, 2012 ONSC 1966 (CanLII):
[31] The inappropriateness of quantifying damages is also noted in the decision in Button v. Jones, [2001] O.J. No. 1976 (Ont. S.C.). There the court noted that where a plaintiff seeks an injunction to enforce a negative covenant it need not prove irreparable harm or that the balance of convenience favoured the granting of the injunction.
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