What is the principle of a restraining order being granted without notice?
Ontario, Canada
The following excerpt is from Boyle v. Stocker, 2021 ONSC 1565 (CanLII):
That principle can be found in Salehi v. Tawoosi, 2016 ONSC 540. In that case, Myers J. found that the applicant had applied, without notice, for a restraining order six months after the parties had begun to live separate and apart under the same roof. At para. 109 the court stated the following, in part: Restraining orders granted without notice put a respondent under enormous bargaining pressure. The respondent was suddenly put out of his home and . . . had to hire a lawyer who was immediately under the gun of an existing order.
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