What is the legal test for a personal injury injunction?

British Columbia, Canada


The following excerpt is from Northwestpharmacy.com Inc. v Yates, 2018 BCSC 41 (CanLII):

First, the applicant has a higher standard to meet. Instead of needing to show only a case that is not frivolous, or an arguable case, to borrow the language employed in countless injunction decisions, the applicant needs to show what is sometimes called a strong prima facie case. That is more than an arguable case, although it does not mean that the applicant's case is bound to succeed. See Tracy v. Instaloans Financial Solutions Centres (B.C.) Ltd., 2007 BCCA 481, at para. 54. Courts have cautioned that the precise expression of the test may be difficult. However it is expressed, the test is at least somewhat more rigorous than it is for injunctions generally.

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