Injunctions are an element of the law that can supply necessary relief from the often drawn out process of litigation in Ontario.
A successful interlocutory injunction provides immediate relief by requiring a party to do a specific act (mandatory) or refrain from doing a specific act (prohibitory) pending the final outcome of the on-going legal proceedings.
Qualifying for an Interlocutory Injunction
When seeking an interlocutory injunction, a party must meet the three-part test set out by the Supreme Court of Canada in RJR-MacDonald Inc. v. Canada (Attorney General), 1994 CanLII 117 (SCC), [1994] 1 SCR 311. Specifically, the Court examines:
- Is there a serious question to be tried?
- Will the party seeking the injunction suffer irreparable harm if the relief sought is not granted?
- Will granting the relief do more harm to the defendant than good for the plaintiff?
Injunctions are extraordinary remedies that are not easily granted by the Courts. In fact, there is a high bar to meet in order to be granted injunctive relief. However, due to their speed and flexibility, injunctions can be a powerful option for urgent and immediate measures, when used appropriately.
The Boardwalk Law Civil and Commercial Litigation Team
Our Civil and Commercial Litigation team aims to provide our clients with cost effective, timely and practical solutions to litigation matters. Our lawyers have years of experience obtaining and responding to various forms of injunctive relief, including mandatory injunctions, temporary injunctions and mareva injunctions or “freezing orders”.
Specifically, our team has assisted clients in a broad range of situations involving injunctions, such as breach of non-competition or non-solicitation clauses by departing employees, protection against the misuse of proprietary or confidential information, prevention of trespass to property and more.
Have you or someone you know been impacted and require guidance on whether an injunction is the right path? Contact Darren Frank, Founding Partner at Boardwalk Law to learn more: [email protected] / 905.798.7489
