A common complaint of the business community is that the court system moves too slowly. But what happens when the system moves too fast? In 2014, our commercial litigators defended a large winter sports facility against just that risk. For several years, our client, Protec Hockey Ponds Ice Center, had leased its facilities – including its state-of-the art ice rinks – to an amateur sports club. When the parties were unable to reach an agreement for the coming season, the sports club filed a court action demanding that our client immediately provide it the ice time it wanted – notwithstanding the facility’s commitments to other patrons.
For our client, the stakes were high; a loss would allow the sports club to commandeer the facility’s business while the litigation progressed. Facing tight court deadlines, our commercial litigators quickly gathered evidence and legal arguments contesting the sports club’s demand for an immediate court order. On an expedited schedule, the trial court summarily denied the sports club’s request for a preliminary injunction; Protec Hockey Ponds could continue to manage its business as it had chosen. Both the appellate court and state Supreme Court rejected the sports club’s attempts to appeal that decision. Now, our client is on its way to a business season without the distraction of litigation.