2008 September 26

Emerald Passport Inc. v. MacIntosh, 2008 BCSC 1289

The British Columbia Supreme Court granted an interlocutory injunction pending trial which restrained the defendant, a web-based business competitor of the plaintiff, from “making false or malicious statements with regard to (the plaintiff) on his web site, or any other web site, or otherwise.” In granting the injunction, the court noted that “the types of losses claimed by the plaintiff are by their nature very difficult to quantify, particularly given the web-based nature of the business” and that actual losses from sales due to the defendant’s actions will not be readily ascertainable and the loss of goodwill will be unquantifiable.  Further, the defendant had given evidence which lead the court to conclude that “any damages proven will not be collectible.”