Canada Case Law

Save Record Ridge Action Committee Society v. British Columbia

Save Record Ridge Action Committee Society v. British Columbia (Environment and Parks)

Court

Supreme Court of British Columbia

The court granted a time‑limited interim injunction because there is a serious question to be tried on whether an environmental assessment was required, SRRACS would suffer irreparable harm if the project commenced (making the petition moot by the 'substantially started' threshold), and the balance of convenience favoured preserving the status quo; accordingly SRRACS must post security of $162,500 and the petition hearing was ordered for the Rossland Assize starting May 5, 2026.

Source excerpt

• Environmental assessment
• Judicial review
• Interim injunction
• Standing
• Statutory interpretation
• Mining permits

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Coram Deo Foundation v. Canada (Minister of National Revenue)

Court

Supreme Court of British Columbia

The court had jurisdiction to grant a limited interlocutory injunction because para. 168(2)(b) of the Income Tax Act does not clearly and explicitly oust superior court jurisdiction in circumstances where the validity of the Act is being challenged; the Charity established a serious issue to be tried, demonstrated irreparable harm on the evidence including harm to donees and unrecoverable reputational harm to directors, and the balance of convenience favoured a short 30-day injunction to permit filing of a petition.

Source excerpt

• Ultra vires
• Provincial jurisdiction over charities s.92(7)
• Federal taxation power s.91(3)
• Revocation of charitable registration
• Interim injunction
• Section 168(2)(b) income tax act jurisdiction

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TELUS Communications Inc. v. Telecommunications Workers Union

Court

British Columbia Court of Appeal

Court of Appeal held the Supreme Court could grant pre-appointment interim injunctive relief in a federal labour dispute; appeal dismissed.

• Interim injunction
• Arbitration jurisdiction
• Remedial gap
• Undertaking as to damages
• Mootness
• Interim-injunction

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Hickey v. Hickey

Court

Supreme Court of Nova Scotia

The settlement required only that an independent appraisal be provided and that the respondent consider any offer from the applicant and respond by the stated deadline; the respondent provided the appraisal, considered the applicant's May 28 offer (and communicated a position by the deadline), and was not obliged to accept the offer; the evidence did not establish bad faith by the respondent; therefore the enforcement application fails and is dismissed with costs to the respondent.

Source excerpt

• Enforcement of settlement agreement
• Settlement terms
• Interim injunction
• Offers and counter-offers
• Fiduciary duty of personal representative
• Costs

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Sirois v. Richer

Court

Supreme Court of British Columbia

The court dismissed an application for an interim injunction preventing use of Thai immigration records in French proceedings, finding no strong prima facie case or irreparable harm.

• Interim injunction
• Mandatory injunction
• Rjr-macdonald test
• In personam jurisdiction
• Privacy tort
• Comity

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Chayil Church v. Soneil Pickering Inc.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted Chayil Church interim injunctive relief restraining lease termination pending appeal, finding a serious issue, irreparable harm, and balance of convenience.

• Lease termination
• Contract interpretation
• Interim injunction
• Stay pending appeal
• Irreparable harm
• Balance of convenience

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Tsawak-Qin Forestry Limited Partnership v. O'Connell

Court

Supreme Court of British Columbia

The court granted Tsawak-Qin an interim injunction stopping a road blockade near Carmanah Walbran Provincial Park and declined expanded police powers.

• Interim injunction
• Irreparable harm
• Balance of convenience
• Duty to consult
• Rule of law
• Criminal obstruction (criminal code s.423)

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Naghmeh v. 1530378 B.C. Ltd.

Court

Supreme Court of British Columbia

Injunction application dismissed. The court found a serious question on an implied-term parking claim, but no proven irreparable harm and the balance favored the landlord.

• Implied terms
• Interim injunction
• Irreparable harm
• Balance of convenience
• Off-street parking bylaw compliance
• Interlocutory-injunction

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AFX Mixing & Pumping Technologies Inc. v. McKinon

Court

Supreme Court of British Columbia

The court granted AFX an interlocutory injunction and leave to serve interrogatories over alleged misappropriation and use of confidential business information by a former director and family company.

• Fiduciary duty
• Breach of confidence
• Misappropriation of confidential information
• Interim injunction
• Interrogatories
• Interim-injunction

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Steinhauer v. Saddle Lake Cree Nation

Court

Federal Court

The Federal Court stayed a decision removing Chief Dale Steinhauer, reinstated her as Chief, added interim governance directions, and awarded costs.

• Interim injunction
• Ancillary orders
• Custom election regulations
• Band governance
• Quorum
• Costs

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