In some civil disputes, waiting for trial may not be practical. A business may be concerned that confidential information is being misused. A property owner may be trying to stop interference with land. A creditor may worry that assets will be moved before judgment. In situations like these, a party may consider asking the court for an injunction.

An injunction is a court order that requires a person or business to do something, stop doing something, preserve property, or maintain the status quo while a dispute is being resolved. Unlike damages, which may compensate a party after a loss, an injunction is often focused on preventing harm before it becomes difficult to fix.

Injunctions can arise in many Ontario litigation matters, including commercial disputes, fraud claims, shareholder disputes, employment-related disputes, real estate disputes, construction conflicts, and cases involving confidential information. The type of injunction requested depends on the nature of the dispute, the urgency of the situation, and the specific harm being alleged.

Interim and Interlocutory Injunctions

Interim and interlocutory injunctions are temporary orders made before the final resolution of a case. They are often used to preserve the situation until the court can hear the dispute more fully.

An interim injunction may be granted for a short period, sometimes on an urgent basis. It can help prevent immediate harm while the parties prepare for a fuller hearing.

An interlocutory injunction usually lasts longer. It may remain in place until trial, settlement, or further order of the court. These orders can be important where one party says temporary protection is needed while the lawsuit continues.

Prohibitive Injunctions

A prohibitive injunction stops a person or business from doing something. This is one of the most common types of injunctions in civil litigation.

For example, a prohibitive injunction may seek to stop a former employee from using confidential information, prevent a party from selling disputed property, restrain unauthorized construction, or stop conduct that may interfere with contractual or property rights. The purpose is often to prevent further harm and preserve the status quo until the court can determine the underlying dispute.

Mandatory Injunctions

A mandatory injunction requires a person or business to take a positive step. Instead of simply stopping conduct, it compels action.

For example, a mandatory injunction may require a party to return records, remove materials from a property, restore access to premises, deliver up documents, or undo a step that has already been taken.

Because mandatory injunctions can change the status quo before trial, courts often approach them carefully. The wording of the requested order, the evidence supporting it, and the practical impact on both sides can all be important.

Permanent Injunctions

A permanent injunction is usually granted after a final hearing or trial. Unlike an interim or interlocutory injunction, it is not simply a temporary measure.

A permanent injunction may form part of the final remedy in a case. It can prohibit future conduct or require ongoing compliance with specific terms. For example, a court may grant a permanent injunction after deciding a dispute involving property rights, nuisance, restrictive covenants, confidential information, intellectual property, or repeated interference with legal rights.

Mareva Injunctions: Freezing Assets

A Mareva injunction is a specialized order that can freeze assets. It is often considered in fraud, creditor-debtor, shareholder, and commercial litigation where there is concern that assets may be moved, hidden, transferred, or depleted before judgment.

The goal is not to give the moving party ownership of the assets. Rather, the purpose is to preserve assets so that a future judgment is not frustrated.

Because Mareva injunctions can significantly affect how a person or business deals with property, they are treated as extraordinary remedies. Courts usually require strong evidence and careful safeguards. Orders may include exceptions for ordinary living expenses, business expenses, or legal fees, depending on the circumstances.

Anton Piller Orders: Preserving Evidence

An Anton Piller order is another extraordinary remedy. It is used to preserve evidence where there is concern that important documents, devices, records, or other materials may be destroyed, hidden, or altered.

These orders are sometimes described as civil search orders. They can arise in disputes involving fraud, misuse of confidential information, intellectual property, data theft, or other situations where evidence may be at risk.

Because they are highly intrusive, Anton Piller orders are approached cautiously. They often include detailed procedures and may involve an independent supervising lawyer. The purpose is to preserve evidence, not to give one party an unlimited right to search through another party’s property or records.

Norwich Orders: Identifying Wrongdoers

A Norwich order can require a third party to provide information that helps identify a wrongdoer or allows a claim to move forward. These orders may be useful where the alleged misconduct is hidden, anonymous, or difficult to trace.

For example, a party may seek information connected to online activity, financial transfers, fraud, anonymous communications, or account records. The third party may have relevant information even if it is not accused of wrongdoing.

Because Norwich orders may affect privacy and third-party rights, courts consider the scope of the request, the purpose of the order, and whether the information sought is proportionate.

Injunctions Without Notice

In urgent cases, a party may ask for an injunction without giving advance notice to the other side. These are sometimes called without-notice or ex parte motions.

These motions are exceptional because the responding party is not present to give its side of the story. For that reason, the moving party must provide full and fair disclosure to the court, including important facts that may not help its position.

If an injunction is granted without notice, it is usually temporary. A further hearing is often scheduled so the affected party can respond.

Why the Wording Matters

The wording of an injunction is critical. The order must clearly explain what is required, what is prohibited, who is bound by the order, and how long it lasts.

A broad or unclear order can create enforcement problems. It may also be more difficult to obtain if it goes beyond what is necessary to address the alleged harm.

In commercial and property disputes, the order may also need to account for practical issues such as business operations, third-party contracts, customer relationships, access to records, and the preservation of assets or evidence.

Campbell Litigation: Providing Dynamic Litigation Services in Kitchener-Waterloo

For individuals and businesses involved in urgent civil disputes in Ontario, injunctions may play an important role in preserving assets, protecting evidence, maintaining property rights, or preventing immediate harm. Whether the matter involves commercial litigation, fraud, shareholder conflict, confidential information, real estate, construction, or another time-sensitive dispute, Campbell Litigation assists with injunction motions, emergency court applications, responses to urgent orders, and litigation strategy.

Led by Richard Campbell, Campbell Litigation proudly serves clients in Kitchener-Waterloo, Cambridge, Guelph, Milton, Stratford, and the surrounding areas. Contact the firm online or call 519-886-1204 to schedule a consultation.