What is an injunction and how do I get one in Ontario?

An injunction is a court order requiring a person or organization to stop doing something (a prohibitory injunction) or to take a specific positive action (a mandatory injunction). In Ontario, injunctions are granted by the Superior Court of Justice and are considered extraordinary remedies — courts do not grant them lightly.

To obtain an interlocutory injunction (one that lasts while the litigation proceeds), you must satisfy a three-part test from the Supreme Court of Canada: first, show there is a serious question to be tried; second, demonstrate you would suffer irreparable harm if the injunction is not granted (meaning harm that cannot be adequately compensated by money at the end of the case); and third, show that the balance of convenience favours granting the order.

You will also usually be required to give an undertaking as to damages — a promise to compensate the other side if the injunction turns out to have been wrongly granted and they suffered loss as a result. Courts take this undertaking seriously; if you seek and lose at trial, you may be liable for the defendant's losses during the injunction period.

Urgent injunctions (called interlocutory or interim injunctions) can be obtained on short notice or even without notice to the other side in true emergencies, such as where giving notice would allow the harm to occur before the court can act.