Can I get a court order to stop someone from breaching a contract in Ontario?
Yes. An injunction is a court order directing a party to do something or — more commonly in contract disputes — to stop doing something that breaches a contract. Ontario courts can grant injunctions in contract cases, but the threshold is demanding.
To obtain an injunction you must satisfy a three-part test: there is a serious question to be tried (not a frivolous claim), you would suffer irreparable harm if the injunction is refused (harm that money cannot adequately compensate), and the balance of convenience favours granting the order (the harm to you from refusal outweighs harm to the other side from granting it).
Urgent situations may qualify for a temporary injunction granted on very short notice — sometimes without even notifying the other side initially (called an ex parte order). These are time-sensitive proceedings and courts scrutinize them carefully. If granted, you will usually be required to give an undertaking as to damages — a promise to compensate the other party if the injunction turns out to have been wrongly granted.
Because of the complexity and cost of injunction proceedings, and the strict timelines, consulting a litigation lawyer immediately is essential if you need this type of relief.
Key takeaways
- Courts can issue injunctions to prevent ongoing or threatened contract breaches.
- You must show a serious question, irreparable harm, and a favourable balance of convenience.
- Urgent matters can sometimes be heard without the other side present first.
- You will likely need to provide an undertaking as to damages.