News & Insights

Cleveland Indians Successfully Defend Injunction

On November 30, 2016, Justice McEwen released his reasons for dismissing an urgent application for an interlocutory injunction to force the Cleveland Indians baseball club to change its uniforms before playoff games to be played in Toronto. Jonathan Lisus, Eric Hoaken and Andrew Winton successfully represented the Cleveland Indians. The case was the first time a complainant to the Ontario Human Rights Tribunal sought an interlocutory injunction from the Ontario Superior Court of Justice to restrain impugned speech prior to a final determination of the complaint before the Tribunal. The Application Judge’s reasons can be found here: reasons-for-decision-of-justice-mcewen-nov-30-2017.  The hearing was covered in the National Post:  http://news.nationalpost.com/full-comment/christie-blatchford-why-is-it-ok-to-call-a-team-indians-a-good-question-but-not-one-for-the-courts