What is the test for proving irreparable harm when seeking an injunction to prevent the violation of a negative covenant?
British Columbia, Canada
The following excerpt is from ACS Public Sector Solutions Inc. et al v. Courthouse Technologies Ltd. et al, 2005 BCSC 909 (CanLII):
I note that the plaintiffs submit that proof of irreparable harm is not required where an injunction is sought to prevent the violation of a negative covenant. This rule, however, is not inflexible: See Sekhon v. Armstrong, 2003 BCCA 362 at para. 22. I will return to the restrictive covenant issue below. BALANCE OF CONVENIENCE
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