Ontario courts can grant different forms of injunctive relief depending on the stage of the proceeding, the urgency of the situation, and whether the applicant seeks to restrain conduct or require positive action. The principal forms include interlocutory injunctions, mandatory injunctions, and permanent injunctions. Injunctive relief may also be sought without notice in appropriate circumstances.
Ontario litigation also recognizes specialized and related remedies such as Mareva injunctions, Anton Piller orders, Norwich orders, and Certificates of Pending Litigation. These remedies serve different purposes and should not all be treated as interchangeable forms of injunction.
For ME Law’s broader practice in this area, see Injunctions.
What is an interlocutory injunction?
An interlocutory injunction is relief granted before the underlying case has been finally decided. Its purpose is generally to protect rights, prevent threatened harm, or preserve the effectiveness of the court’s eventual judgment while the litigation continues.
For a conventional interlocutory injunction, the court generally considers whether there is a serious question to be tried, whether refusing relief would cause irreparable harm, and where the balance of convenience lies.
Because the court is intervening before a final determination of the parties’ rights, the applicant must support the request with a proper evidentiary record rather than relying on urgency alone.
What is a without-notice injunction?
A without-notice injunction describes the procedure by which interim relief is initially sought without first giving the responding party an opportunity to appear. It is therefore better understood as a procedural route rather than a separate substantive category of injunction.
Without-notice relief may be available where the circumstances justify proceeding before notice can reasonably be given—for example, where advance notice could undermine the purpose of the requested relief.
The procedure carries additional safeguards. Under Rule 40.02 of the Rules of Civil Procedure, an interlocutory injunction or mandatory order granted without notice is generally limited to an initial period of no more than 10 days, subject to the Rule’s extension provisions.
See Can you get an injunction without notice to the other side in Ontario? for the specialized requirements.
What is a mandatory injunction?
A mandatory injunction requires a person or company to take positive action rather than simply refrain from particular conduct.
For example, an order may require a party to restore something, deliver property, remove an obstruction, return information, or take another specified step.
This distinction matters because where an interlocutory order is mandatory in substance, the first stage of the test is generally more demanding. The Supreme Court of Canada has held that the moving party must establish a strong prima facie case, rather than merely a serious question to be tried.
See What is a mandatory injunction in Ontario? for the different standard applicable to mandatory relief.
What is a permanent injunction?
A permanent injunction is final equitable relief granted after the parties’ rights have been finally adjudicated and the court determines that continuing injunctive protection is an appropriate remedy.
It is different from an interlocutory injunction because the court is no longer deciding whether temporary protection is justified while the merits remain unresolved.
A permanent injunction may restrain specified conduct on a continuing basis. Final relief may also be mandatory where the circumstances justify an order requiring positive action.
What are Mareva, Anton Piller, Norwich, and CPL remedies?
Ontario litigation also recognizes several specialized forms of protective relief.
A Mareva injunction may restrict dealings with assets where the stringent requirements for asset-freezing relief are satisfied.
An Anton Piller order is an exceptional evidence-preservation remedy used where there is a serious risk that important evidence may otherwise be destroyed or made unavailable.
A Norwich order is principally a disclosure remedy that may compel an innocent third party to provide targeted information needed to identify wrongdoing, trace transactions, or advance a claim.
A Certificate of Pending Litigation (CPL) is different again. It is a statutory land-related remedy used where an interest in specific real property is in question; it is not itself an injunction.
Ontario’s Commercial List publishes model orders for Mareva and Anton Piller relief and maintains leading authorities concerning Norwich orders.
See What other injunction-related remedies are available in Ontario? for a fuller explanation of these specialized remedies.
How does ME Law determine which form of injunctive relief is appropriate?
ME Law considers the underlying legal right, the conduct or risk that needs to be addressed, the urgency, the available evidence, whether notice can and should be given, and whether the proposed order would restrain conduct or require positive action.
The analysis also considers whether interim protection is required before the merits are determined, whether a specialized remedy such as a Mareva injunction is more appropriate, and how precisely the proposed court order can be framed and enforced.
Contact ME Law if you are considering seeking or responding to an injunction or another form of urgent protective relief in Ontario.