What is the test for determining the terms of an interim restraining order?
Ontario, Canada
The following excerpt is from Weber v. Merritt, 2018 ONSC 7590 (CanLII):
Terms of the order should be viewed in the context of the dispute between the parties. As stated in Zhang v. Chau, 2003 CarswellQue 1405 at para. 31: “Courts should, on the one hand, examine the context in which the order was issued, and evaluate it according to the specific and particular circumstances of the case, and on the other hand, ask themselves whether or not the defendant could have reasonably been aware that his acts or omissions fall under the order.”
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