What is the test for injunctive relief under the covenant in restraint of trade?

Saskatchewan, Canada


The following excerpt is from Waddell and Waddell v. Neill, Neill and Gifts by Neill's Ltd., 1983 CanLII 2258 (SK QB):

This is one of those cases where the plaintiff must establish as a strong prima facie case as a threshold test to the entitlement of injunctive relief and a strong possibility that he will succeed at trial. If the covenant in restraint of trade is found to be prima facie valid and the plaintiff has made out a prima facie case that it has been breached, it will be granted, but if it is not, it will be refused. The plaintiff must therefore establish a strong prima facie case both as to the enforceability of the restrictive covenant and its breach: (See Fellows v. Fisher, [1975] 2 All E.R, 829).

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