Acts and Regulations

Rule-40 - INTERLOCUTORY INJUNCTION OR MANDATORY ORDER

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Current to 1 January 2024
PRESERVATION OF RIGHTS
PENDING LITIGATION
RULE 40
INTERLOCUTORY INJUNCTION OR MANDATORY ORDER
40.01When Motion May be Made
A request for an interlocutory injunction or mandatory order, or for an extension thereof, may be made
(a) before commencement of proceedings, by preliminary motion, and
(b) after commencement of proceedings, by motion, but
in the former case, the request may be granted only on terms providing for commencement of proceedings without delay.
40.02Where Motion Made Without Notice
(1)Subject to section 34 of the Judicature Act, where a motion under Rule 40.01 is made without notice, an injunction may be granted for a period not exceeding 10 days.
(2)Subject to paragraph (3), a motion to extend an injunction may be made only on notice to all parties affected by the order sought.
(3)Where
(a) a party evades service of a Notice of Motion to extend an injunction, or
(b) service of a Notice of Motion to extend an injunction has not been effected on all parties and, because of exceptional circumstances, the injunction ought to be extended,
the court may extend the injunction but each extension shall be limited to a period not exceeding an additional 30 days.
40.03Repealed: 2013, c.32, s.37
2013, c.32, s.37
40.04Undertaking
Unless ordered otherwise, on the granting of an interlocutory injunction or mandatory order, the plaintiff or applicant is deemed to have undertaken to abide by any order as to damages arising therefrom.
40.05Terms and Conditions
An injunction or mandatory order may be made under this rule either unconditionally or upon terms and conditions as may be just.