What are the legal tests for pre-judgment relief under the Mental Health Act?
Alberta, Canada
The following excerpt is from First Mortgage Fund (V) Inc. (Receiver-Manager of) v. Boychuk, 2003 ABQB 217 (CanLII):
In applying these tests, the courts have acknowledged that pre-judgment relief, while available under the Act, is an extraordinary remedy, and that the court should be guided by a “judicial abhorrence for prejudgment execution”: Rea v. Patmore, [1999] A.J. No. 1168 at paragraph 4.
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