October 1, 2025

NS Supreme Court denies injunction despite finding applicant had a strong prima facie case

In Court v Court, 2025 NSSC 303, the Supreme Court of Nova Scotia found that an applicant wasn’t entitled to a pre-trial injunction despite having a strong prima facie (= “at first sight”; based on a first impression) case. The Nova Scotia decision is an interesting example of how a Read more…

September 26, 2025

Reliance on hearsay, breadth of order lead BC Court of Appeal to deny ministry’s request for a permanent injunction

British Columbia (Ministry of Social Development and Poverty Reduction) v Choquette, 2025 BCCA 333, involved an appeal by the ministry from a chambers judge’s decision to reject a claim for a permanent injunction. The appeal largely turned on the application of section 42 of the Evidence Act—which sets out the Read more…

September 5, 2025

Irreparable harm in the spotlight as injunction denied in commercial-lease dispute

In Naghmeh v 1530378 B.C. Ltd., 2025 BCSC 1673, the BC Supreme Court declined to grant commercial tenants the injunction they sought against their landlord in a dispute over parking at a “a multi-unit commercial centre”. The case allowed the court to consider the legal framework for granting injunctions set Read more…

July 21, 2025

BC Court of Appeal declines to allow colour-of-right defence based on Indigenous laws

R v Cavanaugh, 2025 BCCA 252, was an appeal from several convictions for criminal contempt. The convictions involved interfering with a Trans Mountain pipeline site in breach of an injunction. “The primary issue on appeal”, the court noted, was “whether the judge failed to take Indigenous laws into account when Read more…

July 4, 2025

BC Supreme Court denies anticipatory injunction in racetrack dispute

Harness Racing B.C. Society v Orangeville Raceway Limited, 2025 BCSC 1249—a recent decision of the BC Supreme Court—was a dispute between the owners of a horse-racing facility (the defendants) and a society and its members (the plaintiffs), who were among the main users of the racetrack facility. The dispute turned Read more…