An injunction can protect property rights while a real estate dispute is being decided by restraining conduct or, in appropriate cases, requiring corrective action. It may be important where construction, blocked access, an encroachment, or other interference could cause harm that cannot adequately be repaired later through damages.
When can an injunction be useful in a property dispute?
An injunction is particularly relevant where simply waiting for the final resolution of the lawsuit could materially change the property or the parties’ rights.
For example, an owner may seek an order restraining a neighbour from continuing construction across a disputed boundary, blocking an established access route, interfering with an easement, removing important property features, or taking another step that could make the eventual judgment less effective.
Boundary disputes are a common setting for urgent relief. See How do boundary disputes work in Ontario, and when should I take legal action?.
An injunction may also become relevant in a continuing encroachment dispute. See What happens if a neighbouring property permanently encroaches on mine in Ontario?.
What must be shown to obtain an interlocutory injunction?
An interlocutory injunction is temporary relief sought before the underlying dispute has been finally decided.
Under section 101 of the Courts of Justice Act and Rule 40 of the Rules of Civil Procedure, the Ontario Superior Court of Justice may grant interlocutory injunctive relief where the applicable legal requirements are satisfied.
The established RJR—MacDonald framework generally requires consideration of three issues:
1. Serious question to be tried. The underlying claim must raise a genuine legal issue rather than a frivolous one.
2. Irreparable harm. The applicant must show harm that cannot adequately be remedied later by damages.
3. Balance of convenience. The court considers which party would suffer greater harm from granting or refusing the temporary order.
Where the requested interlocutory order would require the other party to take positive action rather than simply restrain conduct, the first part of the test may require a strong prima facie case.
For a broader explanation of the remedy, see What is an injunction?.
What can an injunction accomplish in practice?
Scenario A — Stop continuing construction. A structure is allegedly crossing a boundary and construction is continuing. Interim relief may preserve the physical position until the rights are determined.
Scenario B — Protect access or an easement. A driveway, right of way, or other access route is being blocked. An order may be sought to prevent continued interference while the dispute proceeds.
Scenario C — Require corrective action. In appropriate circumstances, the court may be asked to require a party to take a specific step. Because that form of relief can impose significant consequences before trial, the evidentiary threshold may be more demanding.
An applicant for interlocutory relief will also generally be required to give an undertaking as to damages, unless the court orders otherwise.
How does ME Law approach injunctions in real estate disputes?
ME Law assesses whether immediate court protection is actually necessary before bringing an injunction motion. That analysis includes the underlying property right, the strength of the documentary and survey evidence, the nature and immediacy of the threatened harm, available alternative remedies, and the practical consequences of granting or refusing temporary relief.
Where an injunction is appropriate, the objective is to define the requested order precisely and support it with evidence directed to the applicable legal test. Where damages, negotiation, or another remedy can adequately protect the client’s position, unnecessary emergency proceedings may be avoided.
For representation in urgent and other property disputes, see Real Estate Litigation.
Contact ME Law to discuss whether injunctive relief may be appropriate in a real estate dispute in Ontario.