The fundamental question in each case is whether the granting of an injunction is just and equitable in all of the circumstances of the case: Tracey v. Instaloans Financial Solutions Centres (B.C.) Ltd., 2007 BCCA 481 at para. 31. A judge must not become the prisoner of a formula. As Saunders J.A. observed in Tracey at para. 33: … the criteria [for determining whether to grant an injunction] are only a judicial expression or explanation of the statutory authority for injunctions in s. 39(1) of the Law and Equity Act, … 39(1) An injunction or an order in the nature of mandamus may be granted or a receiver or receiver manager appointed by an interlocutory order of the court in all cases in which it appears to the court to be just or convenient that the order should be made. [Emphasis in original]
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