What is the test for an application for an ex parte injunction under the Domestic Violence and Stalking Act?
Manitoba, Canada
The following excerpt is from Rogers v. Rogers, 2008 MBQB 131 (CanLII):
We need to remember that without notice applications to court, whether provided for by statute as in the case of The Domestic Violence and Stalking Act, or by court rule, are by their nature unusual. That is why the legislation in question requires imminence or immediacy. In Watson v. Slavik, [1996] B.C.J. No. 1885, Romilly J., said (para. 10): …there is no situation more fraught with potential injustice and abuse of the court’s power than an application for an ex parte injunction.
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