What is the balance of convenience factor when a party seeks to restrain a public authority from exercising its statutory powers and performing its statutory obligations?

Ontario, Canada


The following excerpt is from Renée v. Toronto Police Services Board, 2019 ONSC 1211 (CanLII):

When a party seeks to restrain a public authority from exercising its statutory powers and performing its statutory obligations, a court must take a larger view of the balance of convenience factor than it would in another case because the public interest is affected: Fort William Indian Band v. Thunder Bay (City), [2005] O. J. No. 100 at para. 66.

Other Questions


When a public authority is retrained from exercising its statutory powers and performing its statutory obligations, is the public interest affected? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
Can a statutory obligation to pay compensation for damages resulting from the exercise of a pipeline company’s statutory powers create a civil cause of action? (Ontario, Canada)
Is it possible for a party seeking to impute income to get to the first step, laying the evidentiary foundation, where the party against whom they are seeking to be imputed makes little or no financial disclosure to the court? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
Does a self-represented party have the authority to seek adjournment at the adjournment hearing? (Ontario, Canada)
What is the test for obtaining an interim restraining order against a party who is not a party to the motion? (Ontario, Canada)
What obligation does a party have to make full and frank disclosure when seeking an ex parte relief? (Ontario, Canada)
What is the obligation of a party moving for an order that will affect the rights of the absent party to make full and fair disclosure of all material facts? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.