Injunction and Injunctive Relief Lawyers

Some disputes cannot wait for a trial date. When harmful conduct is ongoing, assets are at risk of being moved or dissipated, or irreparable damage is about to occur, an injunction can stop it now. Our injunctive relief lawyers act on urgent applications before the Ontario and BC courts, obtaining and defending injunction orders across a wide range of commercial and civil disputes.

What Is Injunctive Relief?

Injunctive relief is a court order that requires a party to do something or to stop doing something. It is one of the most powerful remedies available in civil law because it operates immediately, before the underlying dispute is fully resolved. Rather than waiting for a trial and then receiving compensation after the fact, a party who obtains injunctive relief can stop harmful conduct in its tracks while the case proceeds.

Injunctions are equitable remedies, meaning they are granted at the court's discretion rather than as of right. Courts will not grant an injunction simply because a party asks for one. The applicant must meet a legal test that requires demonstrating a serious question to be tried, that they would suffer irreparable harm if the order is not granted, and that the balance of convenience favours granting the injunction. In urgent situations, courts can grant injunctions on very short notice or even without notice to the other side in exceptional cases.

Injunctive relief in law is available in many contexts: commercial disputes, employment conflicts, intellectual property matters, real estate disputes, and situations involving the misuse of confidential information or the threatened breach of key contractual obligations. An injunction lawyer can assess whether the legal test is likely to be met in your specific circumstances before committing to that step.

Types of Injunctions

Interim and Interlocutory Injunctions

An interim injunction is a short-term order granted urgently, often on very short notice, to preserve the status quo until a full hearing can take place. An interlocutory injunction is granted after a more complete hearing and remains in place until the trial or final resolution of the underlying dispute. Both are obtained before the merits of the case are fully determined, which is why the legal test focuses on the risk of irreparable harm and the balance of convenience rather than the full strength of the underlying claim.

Permanent Injunction

A permanent injunction is granted after a full trial or final resolution of the dispute on its merits. It is not time-limited and continues indefinitely unless varied or discharged by the court. A permanent injunction reflects the court's final determination that the defendant's conduct should be restrained on an ongoing basis. The threshold for a permanent injunction is higher than for an interim or interlocutory order because the court has had the opportunity to fully assess the merits of the case.

Prohibitive Injunctions

A prohibitive injunction orders a party to stop doing something. It is the most common form of injunction and is used in situations involving ongoing harmful conduct: a competitor using confidential information, a former employee soliciting clients in breach of a restrictive covenant, or a party dealing with property in a way that prejudices the applicant's rights.

Mandatory Injunctions

A mandatory injunction orders a party to do something rather than to stop doing something. Courts grant mandatory injunctions more reluctantly than prohibitive ones because they require active compliance and are harder to enforce. They are most commonly sought in situations where the defendant has failed to perform a specific obligation, such as returning property, restoring access to premises, or completing a transaction they have agreed to complete.

Mareva Injunction Ontario

A Mareva injunction is an order that freezes a defendant's assets, preventing them from being moved, dissipated, or transferred pending the resolution of the dispute. It is one of the most powerful tools available in commercial litigation and is available in Ontario and BC where there is a good arguable case on the merits and a real risk that the defendant will remove or dissipate assets before judgment can be obtained and enforced. Mareva orders can be obtained without notice to the defendant in the most urgent circumstances, though the applicant must give full and frank disclosure of all material facts to the court when seeking an ex parte order.

Injunction Order on Property

In real estate and property disputes, an injunction order on property can prevent a party from selling, mortgaging, transferring, or otherwise dealing with specific real property while the underlying dispute is resolved. This is particularly important in situations involving real estate fraud, disputed transactions, or disputes between co-owners about the disposition of jointly held property. The injunction operates against the party holding the property and can be registered on title to provide notice to third parties.

Injunction applications are time-sensitive. The longer harmful conduct continues, the harder it becomes to demonstrate the urgency that supports interim relief. Call us as soon as the situation arises.

Emergency Injunctions: When You Need to Act Immediately

An emergency injunction, sometimes called an ex parte injunction or a without-notice injunction, is obtained without giving advance notice to the other side. Courts grant these orders only in exceptional circumstances where giving notice would defeat the purpose of the application, for example where there is a real risk that the defendant would move assets, destroy evidence, or take irreversible steps if they knew the application was coming.

Obtaining an emergency injunction requires moving extremely quickly and meeting demanding obligations of disclosure. An applicant seeking an ex parte order must make full and frank disclosure of all material facts to the court, including facts that might support the defendant's position. Failing to make proper disclosure is grounds for the order to be set aside and can result in significant cost consequences.

Where an emergency injunction is granted, the defendant will have the opportunity to appear before the court at a return date, typically within a few days, to challenge the order. The injunction lawyer who obtained the emergency order must be prepared to defend it at that hearing on short notice.

Not every urgent situation requires an emergency injunction. In many cases, giving the other side notice of an imminent application is sufficient to achieve the required protection, and doing so avoids the additional obligations and risks that come with ex parte proceedings. We assess the circumstances quickly and advise on the most appropriate approach.

The Legal Test for an Injunction in Ontario and BC

Courts in Ontario and BC apply the same three-part test when deciding whether to grant an injunction, derived from the Supreme Court of Canada's decision in RJR-MacDonald. Understanding this test is essential to assessing whether an injunction application is worth pursuing and how to structure it for the best chance of success.

Serious Question to Be Tried

The applicant must show that there is a serious question to be tried in the underlying dispute. This is a low threshold: the applicant does not need to demonstrate that they will probably succeed at trial, only that the claim is not frivolous or vexatious. Courts at the injunction stage do not attempt to resolve the merits of the underlying dispute, which is why the threshold is intentionally low.

Irreparable Harm

The applicant must demonstrate that they would suffer irreparable harm if the injunction is not granted. Irreparable harm means harm that cannot be adequately compensated by damages at the end of the proceeding. Where money would make the applicant whole, courts are generally reluctant to grant injunctive relief. Where the harm involves damage to a business relationship, the loss of unique property, the disclosure of confidential information, or other consequences that cannot be quantified or reversed, irreparable harm is more readily established.

Balance of Convenience

Even where a serious question and irreparable harm are established, the court must be satisfied that the balance of convenience favours granting the order. This requires weighing the harm the applicant would suffer without the injunction against the harm the defendant would suffer if the injunction is granted. Where the potential harm to the applicant significantly outweighs the inconvenience to the defendant, the balance of convenience favours granting the order.

Undertaking as to Damages

In most injunction applications, the court requires the applicant to give an undertaking as to damages: a commitment to compensate the defendant for any losses caused by the injunction if the applicant ultimately fails in the underlying proceeding. This is an important practical consideration, particularly for applicants whose financial capacity to honour the undertaking may be in question.

Meeting the injunction test requires careful preparation and the right facts presented in the right way. Call us to assess whether your situation supports an application.

Common Situations Where Injunctions Are Sought

Employee Injunctions

Employers frequently seek injunctions against departing employees who are breaching restrictive covenants, soliciting clients or colleagues, or misusing confidential information. Employee injunctions in Toronto and across Ontario and BC are among the most common commercial injunction applications. The strength of the application depends on whether the restrictive covenant is enforceable, the nature of the information or relationships at risk, and how quickly the employer acts after discovering the breach. For more on employment-related injunctions, see our employment litigation page.

Commercial Dispute Injunctions

In commercial disputes involving breach of contract, misappropriation of assets, or interference with business relationships, injunctions can prevent the other party from taking steps that would make the ultimate remedy meaningless. Freezing a bank account, preventing a corporate transaction from closing, or restraining a party from dealing with disputed assets are all situations where injunctive relief may be appropriate alongside the underlying commercial claim.

Real Estate and Property Injunctions

Injunctions preventing the sale, transfer, or mortgage of real property are available where a dispute about the property is underway and dealings with it would prejudice the applicant's rights. These orders can be registered on title to give notice to the world that the property is the subject of litigation. We handle these alongside the underlying real estate dispute.

Breach of Confidence and IP Injunctions

Where confidential information or intellectual property is being misused or is at risk of disclosure, an injunction can prevent further misuse while the underlying claim is pursued. These applications often combine a claim for breach of confidence with a claim for injunctive relief on an urgent basis.

Defending Against an Injunction

Parties who have been served with an injunction order, or who have been given notice of an imminent application, need to respond quickly and effectively. The return date hearing on an emergency injunction can be just days away. We advise defendants on the strength of the applicant's case, whether the legal test was properly met, and what arguments are available to have the order set aside or varied.

Injunctive Relief in Ontario and British Columbia

Injunctive Relief Ontario

In Ontario, injunction applications are brought before the Superior Court of Justice. Urgent applications can be heard on very short notice under Rule 37 of the Rules of Civil Procedure, and without-notice applications are available in exceptional circumstances. The Commercial List in Toronto handles complex commercial injunction applications on an expedited basis with judges experienced in commercial matters. The RJR-MacDonald test applies to all injunction applications in Ontario courts.

British Columbia

In BC, injunction applications proceed before the BC Supreme Court under the Supreme Court Civil Rules. The test applied by BC courts is the same three-part test used in Ontario, drawn from the same Supreme Court of Canada authority. Urgent applications can be heard on short notice, and without-notice orders are available in exceptional circumstances. We practice in both provinces and advise on the procedural requirements and tactical considerations in each jurisdiction.

Injunctions and Injunctive Relief: Frequently Asked Questions

What is injunctive relief in law?

Injunctive relief is a court order requiring a party to do something or to stop doing something. It is an equitable remedy granted at the court's discretion where money damages alone would not adequately protect the applicant. Injunctive relief is available on an interim basis while a dispute is being resolved or as a permanent remedy after a final determination on the merits. It is one of the most powerful tools in civil litigation because it can stop harmful conduct immediately rather than simply compensating for it after the fact.

What is the difference between an interim and a permanent injunction?

An interim or interlocutory injunction is a temporary order granted before the underlying dispute is fully resolved on its merits. It preserves the status quo while the case proceeds and is assessed on the three-part RJR-MacDonald test. A permanent injunction is granted after a full trial or final resolution of the dispute. It is not time-limited and reflects the court's final determination that the defendant's conduct should be restrained on an ongoing basis. The threshold for a permanent injunction is higher because the court has had the benefit of a complete evidentiary record.

What is a Mareva injunction in Ontario?

A Mareva injunction is an asset-freezing order that prevents a defendant from moving, dissipating, or transferring assets pending the resolution of a dispute. It is available in Ontario where the applicant can show a good arguable case on the merits and a real risk that the defendant will remove or deal with assets in a way that would frustrate the enforcement of any judgment obtained. Mareva orders can be obtained without notice to the defendant in the most urgent cases, but the applicant must make full and frank disclosure of all material facts to the court.

How quickly can an injunction be obtained?

In urgent circumstances, an injunction can be obtained within hours. Courts in Ontario and BC are available to hear urgent applications on very short notice, and without-notice orders can be obtained immediately in exceptional cases. The speed of the application depends on how quickly the necessary materials can be prepared and filed, which is why having an injunction lawyer who can move rapidly is critical. We are able to respond to urgent injunction situations on short notice.

What is an undertaking as to damages?

When a court grants an injunction, it typically requires the applicant to give an undertaking as to damages: a promise to compensate the defendant for any loss caused by the injunction if the applicant ultimately fails in the underlying proceeding. This is an important practical consideration. If the injunction turns out to have been wrongly granted and the applicant loses at trial, they may be required to pay significant damages to the defendant for the period during which the injunction was in effect.

Can an injunction be granted against a former employee?

Yes, and this is one of the most common types of injunction applications in Ontario and BC. Employers can seek injunctions against former employees who are breaching non-solicitation or non-competition clauses, misusing confidential information, or taking steps that violate other post-employment obligations. The strength of the application depends on whether the restrictive covenant is enforceable, the nature and extent of the breach, and how quickly the employer acts after discovering it.

I have been served with an injunction. What should I do?

Comply with the order immediately, even if you believe it was wrongly granted, and get legal advice as soon as possible. Breaching a court order, including an injunction, can result in contempt of court proceedings and serious consequences. You will have the opportunity to challenge the order at a return date hearing, which may be only days away. The grounds for setting aside an injunction include that the applicant failed to meet the legal test, that they did not make full and frank disclosure, or that circumstances have changed since the order was made.

What does it cost to seek an injunction?

The cost of an injunction application depends on the complexity of the matter, the urgency, and the amount of preparation required. Urgent injunction applications require significant lawyer time in a compressed period, which affects cost. We discuss fees openly at the outset and give clients a realistic picture of what the application is likely to cost and what the prospects of success are before committing to the step.

Speak With an Injunction Lawyer

If your situation is urgent, call us directly at 1-800-771-7882. You can also use the form below and we will follow up promptly.