Injunctive Relief

Injunctive Relief

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.

How to Qualify for an Interlocutory Injunction

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, [1994] 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.

The DSF Commercial Litigation Team

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:

  • Prohibitive injunctions (prevent another party undertaking or continuing certain conduct)
  • Mandatory injunctions (require a party to undertake or continue certain conduct)
  • Quia timet injunctions (injunctive relief sought prior to any actual harm occurring)
  • Temporary injunctions (interim, interlocutory or preliminary)
  • Final or permanent injunctions
  • Mareva injunctions (“freezing orders” as an aid to enforcement)
  • Anton Piller orders (“civil search warrants” to preserve evidence)
  • Norwich orders (third party pre-action discovery mechanisms)

At DSF, we can assist with a broad range of situations which may involve injunctions, including the following:

  • Breach of non-competition or non-solicitation clauses by departing employees
  • Protection against the misuse of proprietary or confidential information
  • Fraudulent disposal and/or preservation of property
  • Prevention of acts of trespass to land
  • Prevention of asset sales, hostile takeovers and other commercial transactions

When to Seek an Injunction

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.