What is the test for injunctive relief?
Alberta, Canada
The following excerpt is from L & T Mix Sand & Gravel Ltd. v. Kneeland, 2007 ABQB 228 (CanLII):
The Court on an application for injunctive relief must consider the three-fold test prescribed in RJR-MacDonald v. Canada (A.G.) 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311, as follows: 1. Whether there is a serious issue to be heard; 2. Whether irreparable harm not compensable by damages would result if an injunction is not granted; 3. Whether there is greater harm (balance of convenience) in granting or refusing the injunction pending hearing of the serious issue. Serious Issue
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for injunctive relief in these cases against the Attorney-General? (Alberta, Canada)
Does the Court have jurisdiction to grant relief against unconscionable bargains? (Alberta, Canada)
Does Rule 753.11 apply to an application that seeks declaratory relief? (Alberta, Canada)
What is the appropriate test for an injunction? (Alberta, Canada)
What is the effect of requiring an undertaking as to damages under an interlocutory injunction? (Alberta, Canada)
What is the test for granting an interlocutory injunction? (Alberta, Canada)
What is the test for granting an interlocutory injunction in a defamation case? (Alberta, Canada)
What is the test for proper maintenance and support pursuant to family relief legislation? (Alberta, Canada)
What is the test for meeting the condition precedent in the context of an application for an interim injunction against the Minister of Environment? (Alberta, Canada)
What is the test for an interim injunction? (Alberta, Canada)
