What is the test for denying a motion for an injunction seeking damages for damages for irreparable harm?
British Columbia, Canada
The following excerpt is from Habib Estate v. Komant, 2017 BCSC 69 (CanLII):
With respect to the second element, irreparable harm, the question is whether the plaintiffs' interests are going to be harmed sufficiently by denying the injunction sought that they could not be remedied with damages if a decision should ultimately be held in their favour at trial. In this context, the word irreparable refers to the nature of the harm suffered and not the magnitude of the harm: Marrello v. Okinshaw Water Company Ltd., 2015 BCSC 2010 at para. 24.
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