What is the test for granting an interim injunction?
Ontario, Canada
The following excerpt is from Dr. Jack Newton Dentistry Professional Corporation v. Towell, 2005 CanLII 37351 (ON SC):
The test for granting an interim injunction is as follows: a) Is there a serious question to be tried? b) Would the applicant suffer irreparable harm if the application was refused? and c) Assessing the balance of convenience, to decide which of the parties would suffer greater harm from the granting or refusing to grant the remedy. RJR-MacDonald v. Canada (Attorney General), 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311. Serious issue to be tried
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