Devry, Smith & Frank, LLP

INJUNCTIVE RELIEF IN COMMERCIAL LITIGATION

Injunctive relief in commercial litigation can be very helpful as a common concern with litigation is that it can be an onerous and drawn out process whereby parties often wait years to see results. In contrast, injunctions have the ability to provide immediate results during litigation. An interlocutory injunction is a civil equitable remedy that requires a party to do a specific act (mandatory) or refrain from doing a specific act (prohibitory) pending the final outcome of the proceedings.

Generally speaking, a party seeking an interlocutory injunction must meet the three part test as set out by the Supreme Court of Canada in RJR MacDonald Inc. v. Canada (AG) (1994) 111 DLR (4th) 385, [1994] 1 SCR 311:

    1)Whether there is a serious question to be tried
    2)Whether the party seeking the injunction suffer irreparable harm if the relief sought is not granted
    3)Whether the balance of convenience favours granting the relief sought

There are a number of exceptions to this test. It is important to note that injunctions are extraordinary remedies granted sparingly by the courts. However, due to their speed and flexibility, injunctions can be a powerful remedy if used appropriately. At Devry Smith Frank LLP, we know when to use them, when not to use them and how to respond to them effectively and efficiently.

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Our commercial litigation lawyers aim to provide our clients with the most cost effective, timely and practical solutions to your litigation matters. The commercial litigation lawyers at Devry Smith Frank LLP have years of experience obtaining and responding to all types of injunctive relief, including the following:

  • Prohibitive injunctions (prevent another party undertaking or continuing certain conduct)
  • Mandatory injunctions (require a party to undertake or continue certain conduct)
  • Quia timet injunctions (injunctive relief sought prior to any actual harm occurring)
  • Temporary injunctions (interim, interlocutory or preliminary)
  • Final or permanent injunctions
  • Mareva injunctions (“freezing orders” as an aid to enforcement)
  • Anton Piller orders (“civil search warrants” to preserve evidence)
  • Norwich orders (third party pre-action discovery mechanisms)

At Devry Smith Frank LLP, we can assist with a broad range of situations which may involve injunctions, including the following:

  • Breach of non-competition or non-solicitation clauses by departing employees
  • Protection against the misuse of proprietary or confidential information
  • Fraudulent disposal and/or preservation of property
  • Prevention of acts of trespass to land
  • Prevention of asset sales, hostile takeovers and other commercial transactions

Our law offices are conveniently located in the Lawrence and Don Mills area of Toronto and we have plenty of free parking.

For more information on injunctive relief or commercial litigation, please contact one of the commercial litigation lawyers at Devry Smith Frank LLP.