May Elajami Secures Critical Ex Parte Interim Injunction

Overview

Ex Parte Interim Injunction in B.C. Supreme Court to Protect Multi-Million-Dollar Startup

In a significant and high-stakes victory, May Elajami successfully obtained an ex parte interim injunction from the British Columbia Supreme Court on behalf of a fast-growing multi-million-dollar technology startup. This urgent application — brought without notice to the other side — was ordered by the Court in circumstances where the potential harm of delay was both immediate and severe.

MAY (MAYISSA) ELAJAMI

Principal lawyer

What makes this achievement particularly noteworthy is the high legal bar for ex parte relief in Canadian courts. An injunction without notice to the respondent is an exceptional remedy — available only where the evidence clearly shows that giving advance notice would likely cause irreparable harm, render the remedy ineffective, or defeat the very purpose of the application.

Facts about the case

Serious Issue to Be Tried

The applicant must establish a prima facie case showing that there is a serious question to be decided at the full hearing.

Irreparable Harm

There must be evidence that monetary compensation would be inadequate, and the harm if notice were given could not be remedied later.

Balance of Convenience

The potential prejudice to the respondent must be outweighed by the harm the applicant would suffer if relief were denied urgently.

Successful Outcome

With the immediate injunction in place, the matter will now proceed on a more balanced basis, allowing both sides to be heard in full. This transition from ex parte emergency relief to an on-notice hearing sets the stage for a comprehensive judicial determination.

How we won this case

Case Fundamentals

Our approach to litigation in this case was built on four core principles: detailed case analysis, strategic planning, clear communication, and strong advocacy to ensure optimal results.

Thorough Case Analysis

Thoroughly analyzed every detail of the case, including all facts, evidence, and legal precedents.

Strategic Planning

Developed a highly comprehensive and tailored approach to achieve the best possible outcome.

Effective Communication

Communicated clearly and concisely with all parties involved, including clients, opposing counsel, and the court.

Strong Advocacy

Vigorously represented the client’s interests throughout the legal process, from pre-trial negotiations to courtroom proceedings.

Summary

In this matter, the judge was particularly attentive to the “without notice” aspect of the application, probing why notice could not be given and whether the evidence justified bypassing the usual requirement to alert the opposing party. May Elajami’s team successfully demonstrated that any delay — even minimal — would expose the startup to irreversible losses in the multi-million-dollar range, undermining its competitive position and future viability. The Court agreed that the risk of substantial and irreparable harm was credible and immediate, and that giving notice would endanger the very relief the applicant sought. As a result, the ex parte interim injunction was granted — halting the threatened conduct and preserving the status quo pending a full hearing.

If you know the theory of your case and/or can collect the evidence you need to build that theory, as well as excel in litigation skills, you can masterfully craft a winning case

May Elajami, Principal Lawyer.