Stop That! Seeking And Obtaining Injunctive Relief

• Published date: 09 May 2025
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: CLC (Canadian Litigation Counsel)
• Author: Mackinley M. Sim (McDougall Gauley LLP)

This blog post discusses injunctions. An injunction is an equitable remedy. An injunction typically prevents or restrains a person from doing something (i.e. a prohibitive injunction), but can also compel a person to perform a particular act (i.e. a mandatory injunction). Injunctions can be permanent or temporary in nature.

Permanent and interlocutory injunctions

A temporary injunction, referred to as an interlocutory or interim injunction, is "available where it is alleged a legal wrong causing harm is occurring and causing harm but the allegations are disputed and a trial or further proceeding will be required for a final determination to be made" (Thompson v Gerow-Scissons, 2019 SKQB 164 at para 6 [Thompson]). The purpose of an interlocutory injunction is "to ensure that the subject matter of the litigation will be 'preserved' so that effective relief will be available when the case is ultimately heard on the merits" (Google Inc. v Equustek Solutions Inc., 2017 SCC 34 at para 24, [2017] 1 SCR 824 [Equustek Solutions]). As the Supreme Court of Canada noted in Equustek Solutions at para 24, "[a]n interlocutory injunction is normally enforceable until trial or some other determination of the action". A permanent injunction, on the other hand, "is only granted after the court has made a final determination that a legal wrong has occurred" (Thompson at para 8).

Interlocutory injunctions

The test for determining whether a prohibitive interlocutory injunction should be granted was set out by the Court of Appeal for Saskatchewan in Mosaic Potash Esterhazy Limited Partnership v Potash Corporation of Saskatchewan Inc., 2011 SKCA 120, 341 DLR (4th) 407 [Mosaic Potash]. Drawing from Supreme Court of Canada jurisprudence, the Court in Mosaic Potash noted that a Court is required to consider the following criteria in determining whether a prohibitive interlocutory injunction...