Understanding Injunctive Relief:
Legal Principles and Practical Considerations
| By: Denim R. Marty |
Injunctive relief is a powerful and complex legal remedy rooted in equity. It serves to either restrain a party from engaging in certain conduct (prohibitive injunction) or compel a party to take specific action (mandatory injunction). Injunctions may be granted on a temporary basis, known as interlocutory or interim injunctions, or as permanent relief following a final determination by the court.
Types of Injunctions
Interlocutory Injunctions
Interlocutory injunctions are issued when a legal wrong is alleged and harm is ongoing, but the facts remain contested and require resolution at trial. Their primary purpose is to preserve the subject matter of the litigation, ensuring that effective relief remains possible once the case is adjudicated.
The test for granting a prohibitive interlocutory injunction, as established in Mosaic Potash Esterhazy Limited Partnership v Potash Corporation of Saskatchewan Inc., involves three key criteria:
- A serious issue to be tried
- A material risk of irreparable harm to the applicant
- A balance of convenience favoring the injunction
For mandatory interlocutory injunctions, the threshold is higher. The applicant must demonstrate a strong prima facie case—one that is very likely to succeed at trial, as clarified in R v Canadian Broadcasting Corp.
Irreparable Harm and Undertakings
Irreparable harm refers to damage that cannot be adequately compensated through monetary means or where damages are unlikely to be recoverable. Applicants must also provide an undertaking as to damages, offering financial protection to the respondent should the injunction later be found unwarranted.
Balance of Convenience
This stage requires the court to weigh the potential harm to both parties. It often becomes the core of the analysis, incorporating equitable considerations and the broader implications of granting or denying relief.
Permanent Injunctions
Permanent injunctions are granted only after the court has made a final determination of legal rights. The applicant must establish:
- A clear legal right
- That damages are inadequate
- No impediment to the court’s discretion to grant relief
Courts also consider whether the enjoined conduct is likely to recur and whether the remedy is appropriate and necessary under the circumstances.
Conclusion
Injunctions, whether interlocutory or permanent, are not granted lightly. They require careful judicial scrutiny and a nuanced understanding of both legal standards and equitable principles. Parties seeking such relief must be prepared to meet rigorous evidentiary and procedural requirements.
For individuals or organizations navigating complex litigation, experienced legal counsel is essential. Lakefield LLP offers deep expertise in civil litigation and injunctive proceedings. To learn more, contact a member of our Litigation team.
*The law may have changed since this article was first published. You should consult with your lawyer to confirm the current state of the law*