When will a judge make a finding in an interlocutory injunction?
British Columbia, Canada
The following excerpt is from Teal Cedar Products Ltd. v Rainforest Flying Squad, 2021 BCSC 1903 (CanLII):
I cannot, however, accept the submission of the Attorney General of Canada that I should await the outcome of police complaint procedures — which could take years — before making any findings. Similarly, on the other side, I cannot await the outcome of proceedings that have been taken against alleged contemnors before coming to grips with the facts. It is in the nature of interlocutory injunction proceedings that the evidence is imperfectly formed: as Lambert J.A. recognized in the excerpt from CBC v. CKPG that I referred to earlier, the judge needs to make an assessment of the balance of convenience on the basis of necessarily incomplete evidence that has not been tested by cross-examination.
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