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Injunctions and Stays

Injunctions are non-monetary court orders that govern the behaviour of parties. Most legal activity with injunctions is with respect to interlocutory (preliminary) injunctions, which attempt to govern the parties' behaviour pending the outcome of the full legal case - although there can be interim (temporary at the start of litigation) and permanent injunctions as well.

There is a general stay authority (jurisdiction) in the Courts of Justice Act:
CJA 106
A court, on its own initiative or on motion by any person, whether or not a party, may stay any proceeding in the court on such terms as are considered just.
Stays are court orders that suspend either:
A. parallel legal proceedings,

B. a proceeding when some aspect of it is faulty or frivolous, or

C. already-issued orders.
Most interesting stay litigation involves stays as devices to suspend one proceeding while another is resolved (A). There are several stay authorities scattered throughout the Rules of Civil Procedure in minor roles (B). Most stays of already-existing orders (C) are 'stays pending appeals', which are what they sound like - they are likely the most litigated type, and are addressed in the Appeals section, linked here: Appeals (scroll down to 'Stays Pending Appeal').

As well, various stay authorities of various natures are located in other statutes besides the CJA and the RCP (eg. the Family Law Act).

Stays and injunctions are combined here due to the similarity of their law, which is largely drawn most recently from RJR-MacDonald Inc. v. Canada (Attorney General) (SCC, 1994).


Injunctions - Generally
Interlocutory Injunctions | Part II
Specific Performance | Part II
Recovery of Possession of Personal Property
Anton Pillar
Injunctions - Site-Blocking
Mandatory Injunctions
Injunctions - Standard of Review

CJA 101 - Injunctions and receivers
CJA 102 - Injunction in labour dispute
CJA 104 - Interim Order for Recovery of Personal Property


Stays - General
Stays - Conflicting Proceedings
Stays - Stay of Execution
Stays - Contrasted With Other Proceedings


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