What is the balance of convenience on an interlocutory application?
British Columbia, Canada
The following excerpt is from West Telemarketing Canada, ULC v. Titley and Eason, 2005 BCSC 1585 (CanLII):
One of the factors that can be considered is the strength of the parties' cases. This was mentioned in CBC v. CKPG and, although it is relevant to the initial inquiry of whether there is a serious question to be tried, it also has some bearing on the balance of convenience. However, given the rather cursory review of the merits that can and should occur on an interlocutory application, care must be taken not to give this factor excessive weight.
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