Getting an Injunction in Ontario

An injunction is a powerful legal tool that can stop someone from doing something harmful or compel them to take a specific action. Whether you’re dealing with a business dispute, property issue, or breach of contract, understanding how injunctions work in Ontario can help you protect your interests quickly and effectively.

An injunction is a court order that either:

Prohibits someone from doing something (prohibitory injunction) – For example, stopping a former employee from sharing confidential information or preventing a neighbour from interfering with your property.

Requires someone to do something (mandatory injunction) – For example, ordering someone to remove a structure they built on your land or compelling them to fulfill a contractual obligation.

Injunctions are used when monetary damages alone won’t adequately remedy the harm being caused.

Interlocutory (Interim) Injunction – This is a temporary order that maintains the status quo while the full case is being decided. It’s designed to prevent irreparable harm before trial.

Permanent Injunction – This is issued after a full trial and remains in effect indefinitely or for a specified period.

Ex Parte Injunction – In urgent situations, a court may grant an injunction without the other party present, though this is rare and typically only lasts until a full hearing can be scheduled.

To obtain an interlocutory injunction in Ontario, you must satisfy a three-part test established by the Supreme Court of Canada:

1. Is there a serious issue to be tried?

You don’t need to prove your case will definitely win, but you must show there’s a legitimate legal question that deserves a full hearing. 

2. Will you suffer irreparable harm if the injunction isn’t granted?

“Irreparable harm” means harm that can’t be adequately compensated with money. For example, the loss of confidential business information, damage to reputation, or permanent loss of business relationships may qualify as such harm. If money can make you whole, an injunction likely isn’t appropriate.

3. Does the balance of convenience favour granting the injunction?

The court weighs who will suffer more harm – you if the injunction isn’t granted, or the other party if it is. The court also considers the broader public interest.

All three elements must be satisfied for an injunction to be granted.

Act quickly. Injunctions are time-sensitive. Waiting too long can suggest the harm isn’t truly urgent or irreparable.

Gather evidence. You’ll need affidavit evidence documenting the harm, the urgency, and why monetary damages won’t suffice. Strong documentation is crucial.

Prepare your motion materials. Your lawyer will draft a notice of motion, supporting affidavits, and a factum outlining your legal arguments.

Attend the hearing. Interlocutory injunction hearings can sometimes be scheduled within days or weeks, depending on urgency. Both sides present arguments, and the judge decides whether to grant the injunction.

Provide an undertaking as to damages. Courts typically require the party seeking an injunction to promise to compensate the other side for any damages if it turns out the injunction shouldn’t have been granted. This protects against abuse of the process.

Our civil litigation team has extensive experience obtaining urgent injunctions in Ontario courts. Contact us for immediate assistance: 416.901.9984 or info@pintoshekib.ca.