What factors will be considered in the balance of convenience assessment of an interlocutory injunction?
Canada (Federal), Canada
The following excerpt is from Commodore v. Canada (Attorney General), 2001 FCA 387 (CanLII):
It is also relevant that the appellants have not provided an undertaking as to damages, which is normal in interlocutory injunction proceedings. The failure to provide an undertaking is not always fatal to an applicant. Counsel pointed out that the appellants are financially unable to provide such an undertaking. While that may be understandable, this still is a factor that favours a respondent in a balance of convenience assessment. See Lavoie v. Canada (Minister of the Environment) 1998, F.C.J. 1213 at paragraph 14 per Hugessen J.
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