Yes, but the appeal route depends primarily on whether the injunction order is interlocutory or final, and whether a specific statutory appeal route applies. An order made on a motion for an interlocutory injunction is generally treated as an interlocutory order. An appeal from an interlocutory order of a Superior Court judge ordinarily requires leave to appeal to the Divisional Court.
Where do you appeal an interlocutory injunction order?
Section 19(1)(b) of Ontario’s Courts of Justice Act provides that an appeal from an interlocutory order of a judge of the Superior Court of Justice lies to the Divisional Court with leave.
Ontario’s current Divisional Court guidance specifically identifies an order on a motion for an interlocutory injunction as an example of an interlocutory order.
Leave is therefore not automatic. The proposed appellant must first bring a motion for leave under Rule 62.02 of the Rules of Civil Procedure.
For the nature of the underlying relief, see What is an injunction in Ontario?.
What must be shown to obtain leave to appeal?
Rule 62.02 imposes a specific threshold for leave.
Leave may be granted where there is a conflicting decision on the issue and the Divisional Court considers it desirable to grant leave, or where there is good reason to doubt the correctness of the order and the proposed appeal raises matters sufficiently important to justify appellate review.
This means dissatisfaction with the result alone does not create an automatic right to appeal an interlocutory injunction order.
A motion for leave from an interlocutory order must generally be served within 15 days after the order was made, subject to any applicable statutory exception.
What if the injunction order is final rather than interlocutory?
The route can be different.
Under section 6(1)(b) of the Courts of Justice Act, appeals from final orders of Superior Court judges generally lie to the Court of Appeal for Ontario, subject to matters assigned to the Divisional Court by section 19 or another statute.
Whether an order is legally final or interlocutory can therefore be important before any appeal is started. The label placed on the order is not the only consideration; its legal effect must be assessed.
ME Law also acts in appellate proceedings. See Ontario Court of Appeal Counsel.
Are labour injunction appeals different?
Yes. Injunctions arising from a labour dispute under section 102 of the Courts of Justice Act are a statutory exception to the ordinary interlocutory appeal route.
Under section 102(10), an appeal from an order made under section 102 lies directly to the Court of Appeal without leave. The ordinary requirement to obtain leave to the Divisional Court for an interlocutory order therefore does not govern an appeal from an injunction order made under this specialized labour-dispute regime.
See Are labour injunctions different from ordinary civil injunctions in Ontario? for the specialized notice, evidence, timing, and appeal rules that apply under section 102.
Does appealing an injunction automatically suspend the order?
Not necessarily.
Starting an appeal or seeking leave does not automatically mean the injunction stops operating. Depending on the applicable appeal and stay rules, a party may need to seek a stay pending appeal.
That distinction can be particularly important with an injunction because the order may regulate conduct immediately while appellate proceedings are underway.
If the order was obtained without notice, there may also be a more immediate procedure for asking the court to set it aside or vary it under Rule 37.14 rather than treating an appeal as the only available response. See What happens if the other side challenges a without-notice injunction in Ontario?.
How does ME Law assess an appeal from an injunction order?
ME Law first determines whether the order is interlocutory or final, whether a specialized statutory appeal route applies, identifies the correct appellate court, assesses whether leave is required, and reviews the applicable deadline.
The analysis also considers the proposed grounds of appeal, whether the order should be stayed while appellate relief is pursued, and the practical consequences of leaving the injunction in force during the appellate process.
Contact ME Law if you are considering appealing, defending, or seeking a stay of an injunction order in Ontario.