What is the legal test for an interlocutory injunction?
Ontario, Canada
The following excerpt is from Rabi v. University of Toronto, 2020 ONCA 305 (CanLII):
The application judge correctly set out the legal test for an interlocutory injunction from RJR-MacDonald v. Canada (Attorney General), 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311, at p. 334. This test requires the applicant to demonstrate that the interests of justice call for a stay by showing: (1) that there is a serious issue to be tried; (2) that he will suffer irreparable harm if the injunction is refused, and (3) the balance of convenience favours the injunction.
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