What is the test for granting an interlocutory injunction in a defamation case?

Alberta, Canada


The following excerpt is from Starlight v. Onespot, 1998 ABCA 361 (CanLII):

In our view, the test for granting an interlocutory injunction in a defamation case is set out in Bonnard v. Perryman [1891] 2 Ch. 269 at 284. There the court had before it affidavits sworn by the applicants demonstrating that the statements complained of were untrue. What we have here is a mere assertion, without more, that a number of the statements complained of are untrue. The respondent applicant did not enlarge on this assertion in any way. In these circumstances, it is our view that the respondent failed to meet the onus on him to justify the granting of an interim injunction, which according to all authorities is to be granted only in the clearest case and with exceptional caution.

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