What is the appropriate test for a motion to obtain an injunction to stop a party from moving to a different location?
Ontario, Canada
The following excerpt is from Pandher v. Ontario Khalsa Darbar, 2006 CanLII 16355 (ON SC):
Counsel for both applicants and respondents agree the appropriate test is as stated in R.J.R. MacDonald v. Canada 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311 which requires a determination that (a) there is a serious issue to be tried; (b) the moving party would suffer irreparable harm if the injunction were not granted; and (c) the balance of convenience favours the moving party.
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