CLOUT
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The plaintiff, TLC, is a developer and publisher of education software located in the United States. The defendant, Core Curriculum Technologies Inc. ("CCT"), is a distributor and reseller of educational software based in British Columbia, Canada. TLC claimed breaches in the performance of the distribution agreement and sought to terminate it. Claiming that CCT continued to hold itself out as an authorized distributor of TLC's products, TLC sought an interlocutory injunction from the B.C. courts, to restrain CCT from continuing this alleged activity. In the meantime, TLC had began arbitration proceedings in Boston, according to the rules of the American Arbitration Association, as provided under the distribution agreement.

The Supreme Court of British Columbia noted that the relief sought by TLC was for an "interim measure of protection" within the meaning of section 9 of the International Commercial Arbitration Act. Under Section 9, it is not incompatible with an arbitration agreement for a party to request from a court, before or during arbitral proceedings, an interim measure of protection and for a court to grant that measure. It was held that the B.C. court had jurisdiction to grant interim relief in spite of the fact that the dispute had been submitted to arbitration in Boston. However, the court judged that the balance of convenience did not favour TLC, in that there was no real evidence of irreparable harm. The injunction application was denied.

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