An injunction is a court order that restrains a person or company from doing something or, in some cases, requires them to take positive action. In Ontario civil litigation, injunctions are commonly used where waiting for a final judgment could allow serious or irreversible harm to occur before the underlying dispute is decided.
The Superior Court of Justice has statutory authority under section 101 of the Courts of Justice Act to grant an interlocutory injunction or mandatory order where it appears just or convenient to do so. Rule 40 of the Rules of Civil Procedure governs important procedural aspects of obtaining that relief.
For ME Law’s broader injunction practice, see Injunctions.
What does an injunction actually do?
The terms of an injunction depend on the right the court is being asked to protect.
An injunction may, for example, restrain a party from disclosing confidential information, transferring disputed property, breaching a contractual restriction, interfering with business assets, or continuing other conduct while the litigation is underway.
A mandatory injunction, by contrast, requires a party to take positive action rather than simply refrain from particular conduct. Because mandatory relief can alter the existing position before the dispute is finally decided, a more demanding legal standard may apply.
See What is a mandatory injunction in Ontario? for that distinction.
The wording of the order matters. An injunction should identify with sufficient precision what conduct is restrained or what action is required because the order may later need to be enforced by the court.
What is an interlocutory injunction?
An interlocutory injunction is temporary relief granted before the underlying legal dispute has been finally determined.
Its purpose is not to decide the lawsuit in advance. Instead, it may preserve rights, prevent threatened harm, or protect the effectiveness of the court’s eventual judgment while the proceeding continues.
Under Rule 40.01, an interlocutory injunction or mandatory order may be sought by a party to a pending or intended proceeding. This is significant in urgent cases because the litigation does not necessarily need to have progressed through pleadings, discovery, or trial before interim protection can be requested.
Section 101 of the Courts of Justice Act separately gives the Superior Court of Justice authority to grant interlocutory relief where it appears just or convenient to do so.
What does a party have to prove to obtain an injunction?
For a conventional interlocutory injunction, the court generally considers the framework established in RJR—MacDonald Inc. v. Canada (Attorney General):
- whether there is a serious question to be tried;
- whether the moving party will suffer irreparable harm if relief is refused; and
- whether the balance of convenience favours granting the injunction.
These are not merely formal requirements. The moving party needs an evidentiary record capable of connecting the legal claim to the harm that is said to require immediate court intervention.
Where the requested order is mandatory in substance, the first stage is more demanding: the moving party generally must establish a strong prima facie case rather than merely a serious question to be tried.
See What do you have to prove to get an interlocutory injunction in Ontario? for the full test.
Can an injunction be obtained without notice to the other side?
Potentially, but without-notice relief is exceptional and carries additional procedural obligations.
Under Rule 40.02, an interlocutory injunction or mandatory order granted without notice may initially remain in force for no more than 10 days. An extension ordinarily proceeds on notice unless the court is satisfied that service is being evaded or other exceptional circumstances justify a further without-notice extension.
A party asking the court to act without hearing from the other side must also present the evidentiary record with particular care, including the applicable obligation of full and fair disclosure of material facts.
See Can you get an injunction without notice to the other side in Ontario? for the specialized requirements.
Is an injunction always temporary?
No.
An interlocutory injunction operates before the merits have been finally determined. A permanent injunction is different: it is final equitable relief granted after the parties’ legal rights have been adjudicated and the court determines that continuing injunctive relief is an appropriate final remedy.
The legal analysis is therefore different at the interim and final stages. A permanent injunction is not simply an interlocutory injunction that happens to last longer.
When might an injunction be appropriate in commercial litigation?
Injunctions can arise in many types of Ontario disputes, including matters involving:
- confidential information and trade secrets;
- non-compete or non-solicitation restrictions;
- threatened transfers of assets or property;
- shareholder and partnership disputes;
- real estate rights;
- preservation of evidence;
- contractual obligations; and
- urgent conduct that could undermine the effectiveness of a later judgment.
Whether an injunction is appropriate depends not simply on how serious the dispute is, but on the legal right asserted, the evidence of threatened harm, the adequacy of damages, the practical consequences of the proposed order, and the applicable legal test.
How does ME Law assess an injunction matter?
ME Law assesses the underlying cause of action, the urgency, available affidavit and documentary evidence, whether damages would provide an adequate remedy, and the precise conduct that needs to be restrained or required.
The analysis also considers whether the requested relief should proceed on notice or without notice, whether the order is mandatory in substance, what undertaking or procedural requirements may apply, and how the proposed interim relief fits with the litigation that will ultimately determine the parties’ rights.
The objective is not simply to move quickly. It is to determine whether urgent court intervention is legally available, supported by the evidence, and capable of being expressed in an order that the Superior Court of Justice can effectively supervise and enforce.
Contact ME Law if you are considering seeking or responding to an injunction in Ontario.