Abstract
Interlocutory mandatory injunctions can be an important remedy during the pendency of a trial. With its decision in R. v. Canadian Broadcasting Corp, the Supreme Court of Canada revised its test for an interlocutory mandatory injunction, holding that it should require a higher threshold and be therefore harder to obtain than an interlocutory prohibitive injunction. This higher threshold requires that the applicant demonstrate a strong prima facie case that it will succeed at trial based on law and evidence. This change adds uncertainty to the process, ultimately complicating and adding costs to litigation.
Recommended Citation
Jeff Berryman,
Unintended Consequences: The New Test for Interlocutory Mandatory Injunctions,
89 Brook. L. Rev.
885
(2024).
Available at:
https://brooklynworks.brooklaw.edu/blr/vol89/iss3/5
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