Injunctions can supply much needed relief from the tedious and drawn out process of litigation. An interlocutory injunction supplies 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 proceedings.
Generally speaking, a party seeking an interlocutory injunction must meet the three-part test as set out by the Supreme Court of Canada in RJR MacDonald Inc. v. Canada (AG) (1994) 111 DLR (4th) 385,  1 SCR 311:
1) Is there a serious question to be tried?
2) Will the party seeking the injunction suffer irreparable harm if the relief sought is not granted?
3) Will granting the relief do more harm to the defendant than good for the plaintiff?
There are a number of exceptions to this test. It is important to note that injunctions are extraordinary remedies granted sparingly by the courts. However, due to their speed and flexibility, injunctions can be a powerful option if used appropriately.
Our commercial litigation lawyers aim to provide our clients with the most cost effective, timely and practical solutions to litigation matters. The commercial litigation lawyers at Devry Smith Frank LLP (DSF) have years of experience obtaining and responding to all forms of injunctive relief, including the following:
At DSF, we can assist with a broad range of situations which may involve injunctions, including the following:
Because injunctions are issued sparingly, one must be careful and strategic in requesting this form of relief. At DSF law firm, our experienced team knows how and when to request to optimize your chances of a favorable outcome.
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B.A. (HONS.), J.D.
B.A. (HONS.), LL.B
B.A.(HONS.), B.C.L, LL.B., CERTIFICATE OF CONFLICT MANAGEMENT
B.A., M.A., LL.B.