Historic Revue Cinema Secures Temporary Injunction to Prevent Eviction
On June 28, 2024, Revue Film Society (“RFS”), a Canadian non-profit organization, obtained an interim injunction order to temporarily prevent the landlord from evicting or otherwise interfering with the operation of the historic Revue Cinema in the Toronto neighbourhood of Roncesvalles.
Operated by RFS, Revue Cinema is nearly 113 years old and is the oldest operating cinema in Canada. Nearing the end of RFS' lease term, the landlord sought to evict RFS from the historic premises and take over operation of the business. This came after RFS exercised its renewal option under the lease, and understood it had come to terms on a deal with the landlord on a new lease. Four days before the expiry of the existing term, the landlord’s representative arrived at a film screening unannounced and informed staff members that RFS’ lease was being terminated and that it would not be permitted to stay beyond June 30.
The following day, RFS filed an urgent injunction motion. In granting the order, the Honourable Justice Koehnen was satisfied RFS would suffer irreparable harm if the business was shut down – all employees would be without jobs, pre-sold tickets would have to be refunded, and events booked through October 2024 would be cancelled, effectively shutting down RFS’ business. Justice Koehnen considered the relative impacts on either party and concluded that the balance of convenience ultimately favoured granting the injunction.
Argument of the continuation of the injunction motion will take place on October 30, 2024, at which time the court will decide whether or not to continue the order.
Aird & Berlis represented RFS with a team led by Brian Chung.