In 1711811 Ontario Ltd. (AdLine) v. Buckley Insurance Brokers Ltd. a dispute arose between the parties regarding access to a laneway, resulting in three Court endorsements referring to “interim”, “interlocutory”, “permanent”, and “mandatory” injunctive relief. The Court of Appeal took the opportunity to clarify these key terms relating to injunctions:
- Interim injunction: Pre-trial relief, which may be sought with or without notice to the other party. Argument in an interim injunction proceeding is usually brief. The injunction is typically for a short, defined period of time.
- Interlocutory injunction: Pre-trial relief, again restraining a party for a limited period of time, but often for longer than an interim injunction (such as until trial or other disposition of the action). Argument in an interlocutory injunction proceeding is typically lengthier than in an interim injunction proceeding, and involves both parties. The test for an interlocutory injunction is set out in in RJR-MacDonald, and recognizes that the Court does not have the ability to decide the merits of the case in an interlocutory injunction proceeding.
- Permanent injunction: Granted after a final adjudication of rights (i.e. after trial or other disposition of the action). The test for a permanent injunction is different from the test for an interlocutory injunction. Permanent injunctions restrain a party from doing something, in contrast with a mandatory injunction, below.
- Mandatory injunction: Requires a party to act positively (e.g. to repair something now or in the future). Mandatory injunctions are often permanent (but a permanent injunctions is not necessarily mandatory). The Court stated that mandatory injunctions are rarely granted.
If you require legal advice on injunctions in Ontario, please contact us to arrange an initial consultation.
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