What is the test for balance of convenience in a medical malpractice case?

Nova Scotia, Canada


The following excerpt is from United Gulf Developments Ltd. v. Iskandar, 2003 NSCA 83 (CanLII):

The balance of convenience is usually only considered if the appellant has established irreparable harm. As Lord Diplock said in American Cyanamid v. Ethicon Ltd., [1975] 1 All E.R. 504 at p. 511: It is where there is doubt as to the adequacy of the respective remedies and damages available to either party or to both, that the question of balance of convenience arises. If the court is satisfied that the applicant has not proven irreparable harm, the balance of convenience need not be considered. (italics mine)

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