What is the test for an interlocutory remedy?
British Columbia, Canada
The following excerpt is from Augustin v. Double Down (Langley) Ventures Ltd., 2008 BCSC 1829 (CanLII):
The test for an interlocutory has been set out in RJR-MacDonald v. Canada (Attorney General) 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311 and involves a three-step enquiry: one. whether there is a serious question to be tried; two, whether the applicant would suffer irreparable harm if the application were refused; and three, which party would suffer greater harm from granting or refusing the remedy pending a decision on the merits.
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