The sale of two downtown theatres to Mirvish Productions will be allowed to proceed, despite complaints from an industry rival that the deal is tantamount to conspiracy.

On Tuesday, an Ontario Superior Court judge refused to grant an injunction to stop the sale of Toronto's Canon and Panasonic Theatres to Ed Mirvish Enterprises, run by the deceased theatre baron's son David Mirvish.

The judge was asked for the injunction by Mirvish rival Dancap Productions, run by Aubrey Dan.

Dan said the sale violated a "binding term sheet agreement" he made with the current owners of the theatres, Key Brand Entertainment.
 
Dan calls the sale a case of fraud, conspiracy and a breach of the Competition Act.

Justice Geoff Morawetz says the sale documents do not confirm Dan's claims.

"It seems to me that Dancap seeks to obtain the rights to control the sale of the theatres through this motion," says Morawetz in his judgment. "It did not negotiate for this right in the term sheet."

Mirvish Productions is the owner of two major venues in the city including the Royal Alexandra and Princess of Wales Theatres.

With files from The Canadian Press