October 29, 2024
What is an injunction?
An injunction is a court order which instructs someone (a natural or legal person) to do something, or NOT to do something.
What court do a go to?
In Ontario, you bring a proceeding in Superior Court.
Do I need a lawyer?
In theory, you can represent yourself, but injunctions are very technical and hiring a lawyer is best.
What is an interlocutory injunction?
An interlocutory injunction is an injunction granted before a court proceeding goes to a final judgment. An injunction as part of a final judgment is referred to as a permanent injunction. Interlocutory injunctions provide immediate relief.
How do you get an injunction?
Injunctions are only granted as part of a court proceeding. Most commonly, you bring a motion within the proceeding for an interlocutory injunction.
What is the test for an injunction?
The test varies for interlocutory or permanent injunctions. The usual test for an interlocutory injunction is:
(1) a preliminary assessment must be made of the merits of the case to ensure that there is a serious question to be tried;
(2) it must be determined whether the applicant would suffer irreparable harm if the application were refused; and
(3) an assessment must be made as to which of the parties would suffer greater harm from the granting or refusal of the remedy pending a decision on the merits.
These factors are not to be considered in isolation of each other. In other words, they are not watertight compartments. The strength of one may compensate for the weakness of another while considered against the backdrop of the overarching consideration: do the interests of justice call for an order?
A permanent injunction will be granted where there is a finding that wrong was committed; damages are an inadequate remedy; and it is equitable for an injunction to be granted.
What is a mandatory injunction?
This is the term used to describe an order to do something, rather than NOT to do something. These are considered more intrusive than other injunctions. To get a mandatory injunction, you must show more that a serious issue to be tried. The accessibility threshold for a mandatory injunction is that there must be a strong likelihood that at trial, the party seeking the injunction will be successful.
WHAT WEILERS LLP CAN DO FOR YOU
At Weilers LLP due to our combination of 75 years of labour injunctions plus commercial litigation, we bring substantial experience and a unique perspective to injunction motions.
If you think you need an injunction, or one is being sought against you give us a call, we may be the right lawyers for you.
If you already have a lawyer and they are hesitant to deal with a motion for an injunction, we would be pleased to work with them as counsel to assist them, or to argue just the injunction. We play well with others. Even other lawyers.