What is the test for a motion to obtain an interim injunction?

The test under this rule is essentially the same as that for an injunction, as follows: a) Is there a fair or serious question to be tried, on the evidence and not just on the pleadings, as to the plaintiff’s entitlement to a proprietary interest in property? b) Is there a fair or serious question to be tried, on the evidence and not just on the pleadings, that the property is threatened with disposition or transfer outside the jurisdiction? c) Does the balance of convenience favour the granting of the injunction? (Chahal v. Chahal, 2016 BCSC 1814 at para. 25)

The burden is on the respondents to establish that the claimant’s claim will not be defeated if the Welcher property is disposed of: Steinberg v. Miller, 2013 BCSC 2443 at para. 26.