INTERLOCUTORY INJUNCTIONS AND IRREPARABLE HARM IN THE FEDERAL COURTS

Abstract

Federal Court of Appeal jurisprudence has established that an interlocutory injunction will not be granted unless the plaintiff can show it will suffer irreparable harm on the basis of evidence that is “clear and not speculative.” In consequence it is now common in the Federal Courts for interlocutory injunctions to be refused without consideration of the balance of convenience. This approach to interlocutory injunctions is important both in the Federal Court itself and because its influence is being felt in other Canadian jurisdictions. This article argues that this high threshold for irreparable harm should be rejected, as it is not justifiable in principle or by the leading authorities.