Court Injunction Preliminary For Access To Property
Description
How to fill out Sample Brief - Injunction?
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FAQ
In order to be granted an injunction, the plaintiff must demonstrate that he is likely to suffer irreparable harm without it, that the injunction's benefit to him outweighs its burden on the defendant, that the injunction is in the public interest, and (in the case of a preliminary injunction) that he is likely to ...
Courts usually grant injunctions as final remedies only where the applicant demonstrates that: Its legal right has been infringed (or is about to be infringed). Money damages are inadequate compensation.
The test requires a demonstration of irreparable harm, a balance of convenience in favour of the party seeking relief, and a serious question to be tried. This test remains the guiding principle for granting injunctive relief in Ontario and has been applied in numerous cases over the years.
A preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.
You can file your injunction application at any Superior Court of Justice location in Ontario. This means that you can file your application at a courthouse that is convenient for you, or one that is closer to the respondent. It is important to note that there are also trustworthy courts for some types of injunctions.