What is the test for obtaining an interlocutory injunction?

Saskatchewan, Canada


The following excerpt is from Westfair Foods Ltd. v. Saskatoon Drug & Stationery Co. Ltd., 1987 CanLII 4700 (SK QB):

As indicated in Westfair v. Derby, in this jurisdiction, to obtain an interlocutory injunction, an applicant must establish certain basic criteria. These are: “(1) An interlocutory injunction will only be granted where the right to relief is clear. “(2) The plaintiff in asserting that right must show a strong prima facie case, in support of the right which he asserts and a strong possibility that he will succeed at trial. “(3) The plaintiff must be able to show that an injunction until the hearing, is necessary to protect him against irreparable damage and loss, mere inconvenience is not enough. “(4) Where any doubt exists as to the plaintiff’s right or his right is not disputed, but if violation is denied, the court should determine on the balance of convenience to the parties the nature of the injury which the defendant on the one hand would suffer if the injunction was granted and he should turn out to be right and that the plaintiff on the other hand might sustain if the injunction was refused and he should ultimately turn out to be right. The burden of proof that the inconvenience which the plaintiff will suffer by the refusal of the injunction is greater than that which the defendant will suffer lies on the plaintiff. (Halsbury’s Laws of England (3rd Ed.), vol. 21, p. 364).”

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