What is an injunction in Ontario and when can I get one?

An injunction is a court order directing a party to do something or, more commonly, to stop doing something. In Ontario, injunctions are granted by the Superior Court of Justice. They are used when an order for money damages would not be adequate to address the harm — for example, to stop a competitor from using confidential information, to prevent a party from destroying assets, or to halt ongoing trespass or nuisance.

Ontario courts use a well-established test for granting injunctions. The applicant must show that there is a serious question to be tried (not a frivolous or vexatious claim), that the applicant would suffer irreparable harm if the injunction is not granted (harm that cannot be fixed by money damages), and that the balance of convenience favours granting the order.

Urgent injunctions — called interim or interlocutory injunctions — can sometimes be obtained quickly, even on short notice or without the other side being present (ex parte), if the situation is truly urgent. The court may also require the applicant to give an "undertaking as to damages," promising to compensate the other party if it turns out the injunction was improperly granted.

Injunction proceedings are complex and often fast-moving. If you need immediate court intervention to stop ongoing harm, contact a lawyer without delay.