What is the threshold for an interlocutory injunction?

Nova Scotia, Canada


The following excerpt is from Smith v. Hussman Canada Inc., 2002 NSSC 263 (CanLII):

Counsel for the parties have differing views of the threshold test for an interlocutory injunction. Counsel for the applicant relies on American Cyanamid Company v. Ethicon Limited, [1975] A.C. 396. Lord Diplock stated: The use of such expression as ‘probability’, ‘a prima facie case’, or ‘a strong prima facie case’ in the context of the exercise of a discretionary power to grant an interlocutory injunction leads to confusion as to the object sought to be achieved by this form of temporary relief. The court no doubt must be satisfied that the claim is not frivolous or vexatious; in other words, that there is a serious question to be tried ... So unless the material available to the court at the hearing of the application for an interlocutory injunction fails to disclose that the plaintiff has any real prospect of succeeding in his claim for a permanent injunction at the trial, the court should go on to consider whether the balance of convenience lies in favour of granting or refusing the interlocutory relief that is sought.

Other Questions


In what circumstances will a court order a mandatory injunction to prevent a plaintiff from seeking damages in lieu of an injunction? (Nova Scotia, Canada)
Is there a low threshold to be met on a certification motion? (Nova Scotia, Canada)
What is the threshold for varying a parenting order? (Nova Scotia, Canada)
What is the threshold test for determining whether a change has been made to the terms of a contract? (Nova Scotia, Canada)
What is the effect of a judge’s order for a solicitor to obtain an injunction against the solicitor in a civil matter? (Nova Scotia, Canada)
What is the threshold that must be met to invoke section 6 of the Divorce Act? (Nova Scotia, Canada)
What is the threshold test for granting maternity leave? (Nova Scotia, Canada)
What is the threshold requirement of material change for variation of an order for access to a child? (Nova Scotia, Canada)
What is the threshold for variation under the Spousal Support Act? (Nova Scotia, Canada)
What is the test for determining whether a person with intent intended to cause harm? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.