What is the test for balancing the convenience between the parties?

Newfoundland and Labrador, Canada


The following excerpt is from Residents of Old Bonaventure v. Trinity Historical Society Inc., 2021 NLSC 23 (CanLII):

Balancing the convenience between the parties is simply, again from RJR-MacDonald v. Canada, "a determination of which of the two parties will suffer the greater harm from the granting or refusal of an interlocutory injunction, pending a decision on the merits."

Other Questions


What is the presumption that a party is entitled to a third party’s trust? (Newfoundland and Labrador, Canada)
Can a third party claim for damages arising out of the same factual circumstances? (Newfoundland and Labrador, Canada)
What is the position of a non-party opposing the enforcement of a subpoena? (Newfoundland and Labrador, Canada)
What is the legal test for joining a third party? (Newfoundland and Labrador, Canada)
Can solicitor and client costs amount to full indemnity for all expenses incurred by a party in respect of a proceeding? (Newfoundland and Labrador, Canada)
Does a party have a prima facie right to see documents in a civil proceeding? (Newfoundland and Labrador, Canada)
What are the circumstances in which two of the parties have been found liable for each other's actions? (Newfoundland and Labrador, Canada)
Does the failure to cross-examine a witness on a specific issue tend to support an inference that the opposing party accepts the witness’ evidence on that specific issue? (Newfoundland and Labrador, Canada)
What is the implied undertaking of a party in a civil action? (Newfoundland and Labrador, Canada)
What is the test for "overwhelming" or "substantial" disparity in bargaining power between the parties? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.