What Are Injunctions?

An injunction is a court order that requires someone to do something or to stop doing something. Unlike lawsuits seeking money damages, injunctions focus on preventing harm or compelling specific actions. They’re powerful legal tools used when money alone can’t fix a problem.

These orders stop someone from doing something. They’re the most common type.

Examples:

• Stop a neighbour from building a fence that violates property boundaries
• Stop someone from using your trademark or intellectual property
• Prevent a business partner from selling company assets during a dispute

These orders require someone to take specific action.

Examples:

• Require a business partner to provide access to financial records
• Order someone to remove an illegal structure from your property
• Compel a party to return stolen property
• Require compliance with contract obligations

Temporary orders granted after a lawsuit has started but before trial. They maintain the status quo while the case proceeds. If granted, the injunction typically stays in effect until the trial concludes.

Common use: You sue your business partner for misappropriating company funds. You get an interlocutory injunction freezing their bank accounts until trial determines ownership.

Emergency short-term orders, often obtained without notifying the other party. These last only 7-14 days and are granted when immediate action is necessary to prevent irreparable harm.

Common use: Your employee is about to share your client list with a competitor tomorrow. You get an emergency interim injunction tonight prohibiting them from disclosing the information.

Final orders granted after a full trial or hearing. These remain in effect indefinitely or until specific conditions are met.

Common use: After a trial, the court permanently prohibits your former employee from soliciting your clients.

Injunctions are discretionary: judges decide whether to grant them based on specific legal tests. 

1. Serious issue to be tried

Your underlying case must have merit. You need to show there’s a legitimate legal claim worth hearing at trial, not a frivolous complaint.

2. Irreparable harm

You’ll suffer harm that money cannot adequately compensate if the injunction isn’t granted. This is the critical factor.

Examples of irreparable harm:

• Loss of unique property (real estate, one-of-a-kind items)
• Destruction of business reputation
• Disclosure of trade secrets or confidential information
• Permanent loss of market share or business opportunities

3. Balance of convenience

The court weighs harm to you if the injunction isn’t granted against harm to the other party if it is. The balance must favour granting the injunction.

Trade secrets: Preventing disclosure of confidential business information, customer lists, or proprietary processes.

Contract breaches: Compelling parties to fulfill specific contract obligations when monetary damages are insufficient.

Partnership disputes: Freezing business assets or preventing one partner from making unilateral decisions during disputes.

Boundary disputes: Stopping neighbours from encroaching on your property.

Trespass: Prohibiting someone from entering your land.

Nuisance: Stopping activities that interfere with your property use (excessive noise, pollution, etc.).

Trademark infringement: Stopping unauthorized use of your brand or logo.

Copyright violations: Prohibiting unauthorized reproduction or distribution of protected works.

Patent infringement: Preventing manufacture or sale of products that infringe your patents.

Step 1: Consult a lawyer immediately

Injunctions are urgent and procedurally complex. You need experienced legal counsel to assess your case and prepare materials quickly.

Step 2: Gather evidence

Collect all documents, photos, videos, emails, and witness statements proving:

• What the other party is doing or about to do
• Why it causes you irreparable harm
• That you’ll likely succeed at trial

Step 3: Prepare court materials

Your lawyer prepares:

• Notice of Motion (formal request for injunction)
• Affidavit (sworn statement with evidence)
• Draft order (proposed wording of the injunction)
• Legal argument (factum explaining why you qualify)

Step 4: File with the court

Materials are filed at the appropriate courthouse.

Step 5: Serve the other party

They receive your materials and have a chance to respond (except for emergency interim injunctions obtained without notice).

Step 6: Attend the hearing

Both sides present arguments to the judge. This can be as short as 30 minutes or as long as a full day, depending on complexity.

Step 7: Judge’s decision

The judge either grants or denies the injunction, sometimes with conditions or modifications.

When you seek an injunction, courts typically require an “undertaking as to damages.” This is your promise to compensate the other party if you ultimately lose at trial and the injunction wrongly harmed them.

Why it matters: If you get an injunction stopping someone’s business operations, and you later lose the case, you might owe them for lost profits during the injunction period.

This discourages frivolous injunction applications and protects defendants from wrongful orders.

Disobeying a court injunction is serious. Consequences include:

Contempt of court: Criminal charges for defying a court order, potentially resulting in fines or jail time.

Additional damages: Financial penalties beyond the original claim.

Strengthened case: Violations prove bad faith and strengthen the other side’s position.

Enforcement measures: Police involvement, seizure of property, or other enforcement actions.

Courts take injunction violations seriously because they undermine judicial authority.

If you wish to discuss bringing or defending against an injunction, our lawyers can help.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation about obtaining or defending against injunctions.