injunctive relief

Injunctive Relief: Protecting Your Business During Litigation

Date: November 7, 2025

When a business faces a serious dispute, waiting months or years for a final decision in court can cause significant harm. In some cases, immediate legal protection is necessary to preserve assets, prevent wrongful actions, or stop further damage. This is where injunctive relief becomes critical.

If you are involved in a commercial or corporate dispute, you may be wondering what injunctive relief is, when it applies, and how a litigation lawyer can help you obtain it.

This article explains the meaning of injunctive relief, the types of interim court remedies available in Ontario, and why legal representation is essential in these situations.

What is Injunctive Relief?

Injunctive relief is an equitable remedy granted by the court that requires a person or business to either do something or refrain from doing something. Its main purpose is to provide immediate protection while litigation is ongoing.

There are two primary types of injunctions:

  • Mandatory injunctions: requiring a party to take specific action.
  • Prohibitive injunctions: preventing a party from engaging in certain conduct.

Courts may grant injunctions as temporary orders until a case is resolved or as final remedies after trial. For example, a judge may order an interim injunction to stop a majority shareholder from selling shares until the case is decided.

To obtain an injunction, a party must demonstrate:

  • There is a serious issue to be tried.
  • Irreparable harm will occur without the injunction.
  • The balance of convenience favours granting the order.

Injunctive relief is crucial in situations where waiting for a final judgment would cause permanent or irreparable damage.

Mareva Injunctions

A Mareva injunction freezes a party’s assets so they cannot be moved or hidden before the case is resolved. This ensures that assets remain available to satisfy a judgment if the other side is successful.

Mareva injunctions are often sought in cases involving fraud, misappropriation of funds, or the risk of assets being moved outside the jurisdiction. Because of their extraordinary nature, they are sometimes granted without notice to the other side.

To obtain one, the requesting party must:

  • Fully disclose all relevant facts.
  • Show that the defendant owns assets within the court’s jurisdiction.
  • Demonstrate that there is a risk that those assets will be dissipated.

Norwich Orders

A Norwich order allows a party to obtain information from a third party, even before a lawsuit is formally filed. These orders are particularly useful when critical information is held by someone not directly involved in the dispute, such as a bank or internet service provider.

Norwich orders can help:

  • Identify wrongdoers.
  • Trace the movement of funds or assets.
  • Obtain documents necessary to support a claim.

The party seeking the order must prove the third party is connected to the wrongdoing and that justice requires disclosure of the information.

Anton Piller Orders

An Anton Piller order is one of the strongest remedies available. It permits a party to enter another’s premises to search for and seize evidence. This order is used only in exceptional circumstances, such as when there is a real risk that crucial evidence will be destroyed or hidden.

To obtain an Anton Piller order, the requesting party must show:

  • A strong prima facie case.
  • Serious harm will result if the evidence is lost.
  • Clear evidence that the defendant possesses incriminating materials.
  • A genuine risk that the evidence will be destroyed.

How a Litigation Lawyer Can Help

Seeking injunctive relief is complex and requires precise legal arguments, strong evidence, and strict compliance with procedural rules. A litigation lawyer can assist by:

  • Assessing whether injunctive relief is appropriate in your case.
  • Drafting the necessary legal documents and motions.
  • Presenting evidence in court to support your request.
  • Ensuring all disclosure requirements are met to avoid dismissal.
  • Advising on strategy to protect your business interests during litigation.

Having an experienced litigation lawyer can make the difference between securing urgent protection and losing valuable rights and assets.

In Summary

Litigation can take time, and businesses cannot always wait for a final judgment to protect their interests. Injunctive relief provides immediate protection when irreparable harm is at risk.

Other interim remedies, such as Mareva injunctions, Norwich orders, and Anton Piller orders, can also play a vital role in safeguarding assets and evidence.

If you are facing a commercial dispute and need urgent legal protection, seeking the guidance of a skilled litigation lawyer is essential.

Need Litigation Legal Advice?

At Achkar Law, we represent businesses and individuals in complex disputes, helping clients secure remedies like injunctive relief to protect their rights and assets.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©