In what circumstances will an interlocutory injunction be granted against an individual who alleges that the law is unconstitutional?

British Columbia, Canada


The following excerpt is from Independent Contractors and Businesses Association v British Columbia, 2018 BCSC 1597 (CanLII):

In constitutional litigation, as was noted by McLachlin C.J.C in Harper v. Canada (Attorney General), 2000 SCC 57 at para. 9: ...only in clear cases will interlocutory injunctions against the enforcement of a law on grounds of alleged unconstitutionality succeed.

Other Questions


What is the test for granting an interlocutory injunction for a period of one year? (British Columbia, Canada)
In what circumstances have courts granted preliminary injunctions to prevent the use of the common law service mark “Jews for Jesus” on the internet? (British Columbia, Canada)
In what circumstances will an injunction be granted ex parte? (British Columbia, Canada)
How have courts considered the balance of convenience in granting interim injunctions to bands? (British Columbia, Canada)
What is the test for a preliminary injunction under the first element of the injunction? (British Columbia, Canada)
Is freedom of expression, as a Charter value, relevant in an interlocutory injunction concerning copyright issues? (British Columbia, Canada)
In what circumstances will the court grant judgment by summary trial on a single issue? (British Columbia, Canada)
In what circumstances will a judge grant special costs in a personal injury case where she found that relevant records were not disclosed at a very early stage of the litigation? (British Columbia, Canada)
In what circumstances will the Law Society of BC accept a conditional admission of professional misconduct in circumstances where a lawyer commenced an intimate personal relationship with a man? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.