What is the test for injunctions in a labour dispute?

Ontario, Canada


The following excerpt is from General Motors of Canada Company v. Unifor Canada, 2019 ONSC 2627 (CanLII):

As relied by Hackland J. in Cancoil Thermal Corporation v. Abbott, [2004] O.J. No. 3016, the analysis of the statutory requirements governing injunctions in a labour dispute requires the court to consider: 1. Whether the application has established a prima facie case; 2. Whether there exists irreparable harm in the sense that monetary damages would not constitute adequate compensation; and 3. The balance of convenience favours the gravity of injunctive relief, bearing in mind the relief is extraordinary in nature and is a discretionary remedy.

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