Interim and Interlocutory injunctions = pre trial injunctive relief for the plaintiff (restrain the defendant’s activities before going to trial, via the Judicature Acts / equivalent legislation).
Elsley v J. G Collins Insurance Agencies Limited [1978] SCC Facts: Two parties had entered into an agreement for the purchase / sale of an insurance business. Elsley had operated the insurance office, and Collins wanted to purchase it. Two firms were combined under one, and Collins hired Elsley to manage these businesses. There was a non-compete / restrictive covenant whereby Elsley agreed not to go to work for someone else / start up his own business. He did precisely this, and his former clients flocked to him. Collins sought an injunction to prevent Elsley from breaking the non-compete clause prior to trial
Issues: was Collins entitled the injunction to prevent Elsley from breaking the non-compete clause prior to trial?
Holding:The SCC set out the following test to determine this:
