How have courts dealt with applications for interlocutory injunctions where there are conflicting evidence?
Saskatchewan, Canada
The following excerpt is from Waddell and Waddell v. Neill, Neill and Gifts by Neill's Ltd., 1983 CanLII 2258 (SK QB):
In American Cyanamid v. Ethicon, [1975] 1 All E.R. 504, Lord Diplock considered the problem of dealing with applications for interlocutory injunctions where there is conflicting evidence. The evidence on the application was incomplete because it had been untested by cross-examination and as a result, a notion had grown up which imposed an obligation on the court to undertake what is in effect a preliminary trial and which resulted in references to one not being able to succeed unless it had established a strong prima facie case of probability that the plaintiff is entitled to relief or that the right which it seeks to protect does exist.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an application to have an action brought in this court dismissed on the grounds that this court lacks jurisdiction to hear it? (Saskatchewan, Canada)
How have the courts considered the credibility of the evidence in the context of a loan application? (Saskatchewan, Canada)
What is the effect of section 4(1) of the Statement of Claimant's Affidavit to the Court of Appeal allowing the Court to consider any evidence which is not confined to facts which the deponent is able to prove? (Saskatchewan, Canada)
How have the courts in England and Wales dealt with the issue of bias and bias of the Supreme Court? (Saskatchewan, Canada)
How have the courts in Monmouthshire dealt with the issue of an application by the mayor of a town council? (Saskatchewan, Canada)
Can an application be made for an extension of time on an application to extend the time on which the application is granted? (Saskatchewan, Canada)
How have courts dealt with an application for an order quashing a resolution approving payment of legal expenses? (Saskatchewan, Canada)
When will an application to adduce fresh evidence be dismissed? (Saskatchewan, Canada)
In what circumstances will the Supreme Court review a decision by a majority of the Court of Appeal not adjourning on a motion of appeal? (Saskatchewan, Canada)
What is the relevant case law in the context of an application in the Superior Court of Justice? (Saskatchewan, Canada)
