A Nova Scotia Supreme Court judge has denied what he called a “frivolous and vexatious” injunction on the sale of The Lakes at Ben Eoin golf course near Sydney, N.S.
A group of investors called Ben Eoin Development had offered to buy the financially troubled golf course, but directors of the Cape Breton Ski Club next door objected.
The golf course board of directors had voted against the proposed sale in December, but 97 per cent voted in favour when the offer was presented again in February.
After the second vote, the ski club said it had the right of first refusal on the sale and it had planned to make an offer for the golf course.
Four-day hearing
The ski club filed for an injunction on the sale, sparking nearly four days of testimony in Nova Scotia Supreme Court in May.
On Friday, Justice Frank Edwards issued his ruling, dismissing the injunction.
He said a memorandum of understanding between the neighbouring operations that contained the ski hill’s right of first refusal had been replaced by a comprehensive lease agreement that did not include that right.
