How to Get an Injunction in Ontario

An injunction is a court order requiring someone to do something — or more commonly, to stop doing something. It's one of the most powerful tools in civil litigation because it can provide immediate relief before a full trial.

Types of Injunctions in Ontario

• Interlocutory injunction: Temporary order in place while litigation is ongoing — preserves the status quo until trial
• Interim injunction: Very short-term emergency order, often granted without notice to the other side (ex parte)
• Permanent injunction: Final order issued after a full trial
• Mandatory injunction: Requires the other party to take a specific action (vs. prohibitory, which stops an action)

When Are Injunctions Available?

Courts apply a three-part test for interlocutory injunctions (the RJR-MacDonald test):

1. Serious question to be tried: Is your underlying legal claim serious — not frivolous?
2. Irreparable harm: Would you suffer harm that money damages can't adequately compensate if the injunction isn't granted?
3. Balance of convenience: Does the harm to you from not granting the injunction outweigh the harm to the other party from granting it?

Common Uses of Injunctions in Ontario

• Stopping a former employee from soliciting your clients (breach of non-solicitation agreement)
• Preventing a business partner from dissipating company assets during a dispute
• Stopping ongoing trespass or nuisance by a neighbour
• Freezing assets pending judgment (Mareva injunction)
• Preserving evidence (Anton Piller order)
• Stopping defamatory publications

The Urgency Factor

Injunctions are often sought urgently. Courts can grant emergency injunctions on very short notice when there is genuine urgency and serious potential harm. If you need immediate relief, contact a lawyer right away — delay can undermine your ability to get emergency injunctive relief.