September 26, 2024

By Brian Babcock

Did you listen to or read the news about encampments and injunctions and wonder what they were talking about?

Here are 10 things you need to know about injunctions, except maybe in Quebec:

1. Courts may order an injunction where it is “just and convenient” to do so.
2. Injunctions are always discretionary. This does not mean arbitrary. There are established reasons why judges exercise their discretion, such as delay, “unclean hands” of the applicant , hardship or impossibility of performance.
3. To get an injunction you need to show that you have raised a triable issue. Trespass is a triable issue.
4. Where the injunction is likely to decide the dispute, you may need to show that you have a stronger claim to relief.
5. You must also show that you will suffer irreparable harm. Being deprived of control of your property might be enough.
6. On these two elements, there is no consideration of the other side’s position.
7. The third element is the balance of convenience. This is where the relative strength of the two sides is considered. Property rights are considered very important in Canada.
8. The Charter applies to balance of convenience on injunctions sought by governments and related entities, but not private people or entities.
9. The steps are looked at as a whole. A strong case for irreparable harm is more likely to favour a balance of convenience for an injunction, and vice versa. A strong triable issue is better than a weak case.
10. The terms of the injunction must be carefully crafted to do justice between the parties, ordering only what is necessary.

WHAT WEILERS LLP CAN DO TO HELP YOU

Not every law firm in Thunder Bay or Northwestern Ontario has experience with injunctions. Our 75 years of experience in labour disputes has given us significant experience in injunctions. We know more than 10 things about injunctions.  We blend this with our depth of personnel to be able to respond quickly. Our local knowledge may also be an advantage.

If you have your rights interfered with and think you might need an injunction, or are the target of an injunction, give us a call and see if we are the right lawyers for you.