Expanding scope of injunction order would disrupt balance of convenience analysis

Federal court | Injunctions

INTERLOCUTORY RELIEF

Expanding scope of injunction order would disrupt balance of convenience analysis

Action challenged constitutionality of Marihuana for Medical Purposes Regulations. Plaintiffs were granted interlocutory injunction that had very specific terms designed to balance number of competing interests. Plaintiffs wanted to change dates set out in injunction order and to change class of persons covered by order and extend order to wider group of former Marihuana Medical Access Regulations holders. Plaintiffs brought motion to vary injunction. Motion dismissed. Matters raised on motion were not truly new. Motion was premature. To accept plaintiffs’ characterization of evidence, its weight and significance would require court to make critical determinations in advance of decision on underlying Canadian Charter of Rights and Freedoms challenge. It was not appropriate for court to engage in piecemeal and premature consideration of aspects of its final judgment. Court should not alter carefully crafted interlocutory injunction order by expanding its terms. Expanding scope of injunction order would disrupt balance of convenience analysis. Relief sought extended past decision date of Charter challenge. Interlocutory orders were designed to expire when final decision in litigation was made.
Allard v. Canada (Jul. 15, 2015, F.C., Michael L. Phelan J., File No. T-2030-13) 261 A.C.W.S. (3d) 708.


Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Criminal lawyers wary of sharing contact tracing with law enforcement

LSO should pay $46K to lawyer, tribunal says

Tribunal finds that spilling tea while stopped at a red light is not an automobile accident

Workplace safety tribunal shares best practices for teleconference hearings

Law foundation approves grants for investor rights projects of UToronto Law, Osgoode and others

Ontario Bar Association hosts free online information sessions on elder law for Seniors’ Month

Most Read Articles

List of resources for lawyers on how to be an ally to racialized colleagues

LSO should pay $46K to lawyer, tribunal says

Canadian Association of Black Lawyers to host mental health webinar

Criminal lawyers wary of sharing contact tracing with law enforcement