Injunction motions are highly evidence-driven. The strongest record usually provides a clear chronology, focused affidavit evidence, and contemporaneous documents showing the legal right being asserted, the urgency of the situation, the harm likely to occur if relief is refused, and why a later damages award may not adequately address that harm.
What should the affidavit evidence establish?
An affidavit should give the court a coherent factual record rather than simply repeat legal conclusions such as “the harm is irreparable” or “the matter is urgent.”
Depending on the dispute, the evidence may address:
- the relationship between the parties and the legal right at issue;
- the events that created the dispute;
- what conduct has occurred or is threatened;
- why immediate intervention is requested;
- what harm is expected if the injunction is refused; and
- the practical consequences of granting the proposed order.
Under Rule 39.01(4) of the Rules of Civil Procedure, an affidavit used on a motion may include statements based on information and belief, provided the source of the information and the fact of the belief are specified.
What documents can strengthen an injunction record?
Contemporaneous documents can be particularly important because they may independently support the chronology and factual assertions in the affidavit.
Depending on the case, the motion record may include contracts, emails, text messages, corporate records, financial information, photographs, transaction documents, evidence concerning confidential information, or communications showing that disputed conduct is imminent.
The evidence should connect directly to the applicable injunction test. For example, if the moving party alleges irreparable harm, the record should explain concretely why damages would not provide an adequate remedy rather than relying on speculation.
See What does “irreparable harm” mean in an Ontario injunction motion? for that requirement.
Can affidavit evidence be challenged?
Yes.
Under Rule 39.02, a party to a motion or application may, after satisfying the applicable procedural requirements, cross-examine the deponent of an affidavit served by an adverse party.
That makes the accuracy and discipline of affidavit evidence particularly important. Statements made in an affidavit may be tested through cross-examination, and inconsistencies between the affidavit, documents, and examination evidence can affect the strength of the motion record.
For the full injunction framework that the evidence must support, see What do you have to prove to get an interlocutory injunction in Ontario?.
What changes if the motion is brought without notice?
The evidentiary obligation becomes especially important where the responding party is not present.
Rule 39.01(6) requires the moving party on a without-notice motion or application to make full and fair disclosure of all material facts. Failure to do so is itself sufficient ground for setting aside an order obtained without notice.
See Can you get an injunction without notice to the other side in Ontario? for the separate procedural requirements.
How does ME Law prepare an injunction record?
ME Law focuses the evidentiary record on the specific relief requested and the legal test that must be satisfied. That means identifying the strongest admissible evidence, building a clear chronology, supporting factual assertions with documents where available, and anticipating issues that may arise on cross-examination.
The objective is to give the Superior Court of Justice a focused record that addresses the merits, urgency, irreparable harm, balance of convenience, and practical effect of the proposed order without burdening the motion with unnecessary material.
For ME Law’s approach to building the evidentiary record for urgent interim relief, see Urgent Interlocutory and Interim Injunctions.
Contact ME Law if you need advice about preparing or responding to evidence on an Ontario injunction motion.