What is the test for a preliminary injunction under the first element of the injunction?
British Columbia, Canada
The following excerpt is from O’Brien & Fuerst Logging Ltd. v White, 2019 BCSC 2011 (CanLII):
I note as well that in cases in which the granting of the injunction would effectively amount to a final determination of the issue, the courts under the first element have required the applicant to establish a strong prima facie case rather than simply a serious issue to be tried: see Trans Mountain Pipeline ULC v. Gold, 2014 BCSC 2133 at paras. 77 to 81.
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