Canada Case Law

Soup Pot Ideas Inc. v. 778938 Ontario Limited

Court

Supreme Court of Nova Scotia

Although Obladee established an arguable case on the lease termination issue, the court refused the interlocutory injunction because the balance of convenience favoured Starfish Properties and public safety: remediation required by HRM likely cannot be performed safely while the tenant remains, the injunction would create a stalemate with municipal enforcement, and monetary damages were deemed an adequate remedy if Obladee ultimately succeeds.

Source excerpt

• Interlocutory injunction
• Commercial lease termination
• Specific performance claim
• Building code compliance
• Public safety

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He v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Jing Jing He’s injunction motion, finding no serious issue or irreparable harm and awarding the Attorney General $500 in costs.

• Seizure of goods
• Forfeiture
• Judicial review
• Interlocutory injunction
• Duty of care for seized property
• Preservation of evidence

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West High Yield (W.H.Y.) Resources Ltd. v. Save Record Ridge Action Committee Society

Court

British Columbia Court of Appeal

Leave to appeal was refused because, on the interests of justice, the proposed appeal would not advance the underlying judicial review, some grounds were only arguable or fact‑specific and entitled to deference, the petition was promptly rescheduled for hearing shortly making any appeal likely moot, and the balance of factors (including potential distraction and lack of broader significance) weighed against granting leave.

Source excerpt

• Interlocutory injunction
• Judicial review
• Leave to appeal
• Fresh evidence (palmer)
• Environmental assessment act (designation)
• Mines act and regulatory permits

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National Indigenous Fisheries Institute v. Canada (Fisheries and Oceans)

Court

Federal Court

The Federal Court dismissed NIFI’s motion for an extension of time and an interlocutory injunction, finding the termination was contractual, not reviewable, and awarding solicitor-client costs.

• Extension of time
• Interlocutory injunction
• Judicial review jurisdiction
• Honour of the crown
• Ai-generated material / hallucinations
• Costs (solicitor-and-client)

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Norris v. Krief

Court

Supreme Court of British Columbia

The notice of application for summary trial was dismissed because the court could not, on the affidavit evidence before it, find the necessary facts to decide key issues justly: (1) there is a genuine conflict of material fact about the safety of the Easement Road and the plaintiff's proposed use that cannot be resolved summarily; (2) the Water Well claim is intertwined with an alleged assumption agreement and discharge under s.35 Property Law Act such that terms cannot be determined on this record; and (3) deciding the easement issues in isolation would impermissibly litigate the dispute in…

Source excerpt

• Interpretation of easement instruments
• Ancillary rights to easements
• Substantial interference/trespass
• Suitability for summary trial
• Interlocutory injunction
• Water easement and discharge (s.35 property law act)

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Bilomba Inc. (Fully Promoted Canada) v. Barrett

Court

Supreme Court of Nova Scotia

The court found beyond a reasonable doubt that paragraph 1 was clear and that John (Jack) Barrett and Creative Cresting intentionally carried on the Creative Cresting business within the prohibited radius (breaching paragraph 1) and that they intentionally failed to return the client list required by paragraph 4 (admissions and evidence demonstrated disposal of the list); other alleged breaches (phone numbers, Google Business Page, client artwork) were not proven beyond a reasonable doubt and Aaron Barrett was not bound by paragraph 1 nor proven in contempt; the court exercised its discretion…

Source excerpt

• Interlocutory injunction
• Non-competition covenant
• Return of proprietary materials
• Client list
• Phone number transfer
• Google business page

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Minister of National Revenue v. Shopify Inc.

Court

Federal Court of Appeal

A preservation order was justified: the requested order is prohibitive in substance and subject to the ordinary interlocutory test; despite the Minister’s unexplained delay, deletion of inactive-account data would cause irreparable harm to the public interest in verifying tax compliance, and the balance of convenience favours preservation provided the order’s scope and terms are adapted to remedy vagueness and limit burden on Shopify; the Minister’s undertaking should remain and costs are not awarded.

Source excerpt

• Preservation order
• Interlocutory injunction
• Ascertainable group under income tax act and excise tax act
• Data deletion and retention policies
• Public interest
• Balance of convenience

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Tracadie United Baptist Church v. Hartling

Court

Supreme Court of Nova Scotia

The interlocutory motion was dismissed because the Applicant failed to meet the heightened standard for mandatory relief by not establishing a strong prima facie case that the April 12 election and Registry filings were invalid; the Applicant also failed to prove irreparable harm and the balance of convenience favoured maintaining the status quo pending trial.

Source excerpt

• Interlocutory injunction
• Directors dispute
• Validation of registry filings
• Bank account access
• Irreparable harm
• Balance of convenience

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West Vancouver (District) v. Este

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed Dr. Este’s application to maintain utilities and stop demolition of her home, finding no legal basis beyond the Court of Appeal stay.

• Demolition order
• Interlocutory injunction
• Stay of proceedings
• Res judicata
• Reasonable apprehension of bias
• Building permits

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Glooscap First Nation v. Howard

Court

Supreme Court of Nova Scotia

The court exercised its discretion under Civil Procedure Rules 1 and 2 to permit the late filing of the proposed Notice of Contest because the balance of prejudice favored the Respondent, there was no misconduct, the Applicants had treated the matter as contested, prejudice to Applicants can be addressed by particulars, adjournment and costs, and the proposed pleading met amendment principles.

Source excerpt

• Notice of contest
• Judicial discretion under court rules
• Interlocutory injunction
• Vacant possession
• Standing to raise constitutional/aboriginal claims
• Costs

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