Injunctions | McInnes Cooper

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Charlottetown

141 Kent St., Suite 300
McInnes Cooper Building
Charlottetown, PE
C1A 1N3

Tel: 902.368.8473
Fax: 902.368.8346

Fredericton

570 Queen St., Suite 600
Barker House
Fredericton, NB
E3B 6Z6

Tel: 506.458.8572
Fax: 506.458.9903

Halifax

1969 Upper Water St., Suite 1300
Purdy’s Wharf Tower II
Halifax, NS
B3J 3R7

Tel: 902.425.6500
Fax: 902.425.6350

Moncton

644 Main St., Suite 400
Blue Cross Building, South Tower
Moncton, NB
E1C 1E2

Tel: 506.857.8970
Fax: 506.857.4095

Saint John

1 Germain St., Suite 1700
Brunswick Square
Saint John, NB
E2L 4V1

Tel: 506.643.6500
Fax: 506.643.6505

St. John’s

10 Fort William Pl., 5th Floor
Baine Johnston Centre
St. John’s, NL
A1C 1K4

Tel: 709.722.8735
Fax: 709.722.1763

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One of the most useful, yet extraordinary, remedies used by courts is the injunction or interim order. These orders either prevent something from happening or authorize an activity. Usually, an order takes the form of an injunction, but it may result in certain statutory remedies as well. Some examples include orders that:

prevent the breach of a contract such as a non-competition agreement;
prevent trespassing on property such as the blockage of land or water by protests; and
prevent the destruction or disposal of property.

Courts may also grant positive orders authorizing certain things to take place, for example in an anton pillar order. Essentially, this is a private search warrant granted in rare cases where there is a very high likelihood that information, highly relevant to the dispute, may be destroyed.

Although the requirements to obtain such court orders vary according to the particular type of order sought or legislation involved, generally the following three questions are used:

does the applicant have a legal right that is “serious” and not “frivolous”?
has the applicant suffered “irreparable harm” – something that cannot be cured by monetary compensation?
does the maintenance of the status quo favour the applicant or the respondent?

In many cases the underlying dispute is resolved soon after the court’s decision. It’s natural because the successful party’s legal position will remain unchanged until trial, which is months or years away.

Our team has significant experience acting for parties seeking and resisting injuctions or interim court orders.

David Duncan Young

Partner

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Matthew Hayes
Construction & Infrastructure, Practice Group Leader

We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

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We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

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Moncton

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St. John’s

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We are pleased to provide you with detailed biographies on our lawyers, paralegals and administrative team, so you can learn more about how we can best support your business' success.

Advanced Filters

Contact

We want to hear from you: Did we delight you with great service or a timely insight? Did we miss the mark? Are you looking for legal advice? If so, we want to know. Just type a few lines into our form, send an email to client.service@mcinnescooper.com, or call 1-855-622-6668.

Charlottetown

Fredericton

Halifax

Moncton

Saint John

St. John’s

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