Interlocutory Relief (Injunctions)

Interlocutory Relief (Injunctions)

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  Interim vs. interlocutory
  
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    Interim = for a specific period of time e.g. spousal support, restraining order
    
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    Interlocutory = pending a final disposition
    
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  Equitable relief (not a creature of statute or common law), often based in fairness as opposed to legal duties;
  

lives ruined, avoiding undue prejudice (CJA s. 101; RCP r. 40)

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  Types
  
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    Prohibitive: an injunction to stop someone from doing something, like stop the presses
    
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    Mandatory: forcing someone to do something, like pay child support
    
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  Undertaking: Safeguard to give the court comfort that if they get it wrong (in hindsight should not have granted the injunction), the moving party will undertake to make the responding party whole (usually via $) (RCP r. 40.03)
  
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  Test (RJR-MacDonald):
  
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    (1) Is there a serious question to be tried in this underlying litigation;
    
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      Plain and obvious, low bar that it is not frivolous
      
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    (2) Would the moving party suffer irreparable harm if the order is not granted;
    
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      Usually irreparable harm that is more than money, or so much money there is no realistic possibility of payback
      
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    (3) Balance of (in)convenience, where the prejudice lie if the injunction is given
    
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      Discretionary. On the facts, which party would suffer greater harm