Does a mandatory injunction in respect of salary continuance constitute irreparable harm?

British Columbia, Canada


The following excerpt is from Mudie v. BC Rail Ltd., 2002 BCSC 1515 (CanLII):

In Publow v. Wilson, where a mandatory injunction in respect of salary continuance was granted, Mr. Justice Feldman did not allude to the topic of irreparable harm. He did observe that the purpose of a salary continuance agreement will not be carried out if the injunction is not granted and that, if the court is wrong, the agreement will be ignored with impunity and with court sanction. I do not agree with the view of Mr. Justice Feldman that the agreement would be ignored with impunity. If the employee were successful at trial in establishing entitlement to salary continuance, whether or not he or she were successful on the main issue of wrongful dismissal, the employee would be entitled to damages for the failure of the employer to provide the salary continuance. These would include damages for loss of opportunity and for borrowing costs incurred as a result of the fact that the employer did not pay the salary continuance during the course of the litigation.

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