In an ordinary Ontario civil matter, a without-notice interlocutory injunction or mandatory order may initially be granted for no more than 10 days. If the order needs to continue beyond that period, the normal rule is that the affected parties must receive notice. A further extension without notice is available only in limited circumstances and is itself capped at another 10 days.
Scenario A — The initial without-notice order
Under Rule 40.02(1) of the Rules of Civil Procedure, the Superior Court of Justice may grant an interlocutory injunction or mandatory order on a motion without notice for a period not exceeding 10 days.
The 10-day limit reflects the temporary nature of this form of relief. The responding party has not yet had an opportunity to appear and present its position, so a without-notice order is not intended to continue indefinitely without further court supervision.
For when a party may seek this type of order in the first place, see Can you get an injunction without notice to the other side in Ontario?.
Scenario B — The applicant wants the injunction to continue
If the applicant wants the injunction or mandatory order extended, Rule 40.02(2) generally requires the extension motion to proceed on notice to every party affected by the order.
At that stage, the responding party has an opportunity to challenge the evidence, oppose continuation of the order, seek changes to its terms, or ask that the injunction be set aside.
The fact that a court granted the initial order without notice does not mean that the applicant is automatically entitled to have it continued.
Scenario C — A further extension is sought without notice
A further without-notice extension is exceptional.
Rule 40.02 allows it where the judge is satisfied that a party has been evading service or that other exceptional circumstances justify extending the order without notice. Even then, the further without-notice extension may not exceed another 10 days.
This means the rule is not an automatic sequence of repeated 10-day extensions. The ordinary expectation after the initial period is that affected parties receive notice.
Does the 10-day rule apply to every injunction?
No. Rule 40.02 specifically governs interlocutory injunctions and mandatory orders sought without notice in this context. The Rule also provides that its 10-day provisions do not apply to an injunction in a labour dispute under section 102 of the Courts of Justice Act.
For the distinction between interlocutory, mandatory, permanent, and other forms of relief, see What types of injunctions are available in Ontario?.
What happens during the period of the order?
The moving party must prepare for the next procedural step rather than simply rely on the temporary order. That may involve serving the responding parties, preparing additional affidavit evidence, responding to challenges to the original order, and seeking continuation or modification of the relief.
Under Rule 40.03, the moving party will also ordinarily have given an undertaking concerning damages that may result if the injunction is later determined to have caused compensable loss to the responding party.
For the broader injunction framework, see What is an injunction in Ontario?.
ME Law assesses the duration of the existing order, service requirements, the evidence required for any extension, and the risks associated with continuing or opposing the relief.
For ME Law’s approach to urgent without-notice relief, see Emergency Ex Parte Injunctive Relief.
Contact ME Law if you need advice about obtaining, extending, varying, or responding to a without-notice injunction in Ontario.