Does the learned chambers justice have to consider the irreparable harm element of the tripartite test?
Alberta, Canada
The following excerpt is from Whitecourt Roman Catholic Separate School District No. 94 v. Alberta, 1995 ABCA 260 (CanLII):
We see no error in the decision of the learned chambers justice not to deal with this aspect of the test, given his conclusion on irreparable harm. As stated in Ominayak v. Norcen Energy, the tripartite test is sequential. Should any step in the progression not be met, the application will fail. Though the three aspects of the test may overlap, they are not interdependent. However, since he did not decide this issue, it is necessary that we do so.
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