In most cases, a plaintiff seeking an interim or interlocutory injunction is required to give an undertaking as to damages. The purpose of this practice is to ensure that the defendant will be adequately compensated in the event that the injunction is granted, but the plaintiff is ultimately unable to prove its case on its merits. The defendant may suffer damages (such as lost ...
Can a court bind something that knows no bounds? The Supreme Court of Canada did just that recently when it upheld a British Columbia Court of Appeal decision to grant an interlocutory worldwide injunction against Google, requiring it to de-index certain websites from its global search results, where such websites were being used to sell merchandise in violation of several ...
A recent decision from the British Columbia Supreme Court is a reminder that interlocutory restraints on speech are possible in Canada, albeit in rare circumstances.
In Richardson v. Hunter, 2014 BCSC 1960, the court issued an interlocutory injunction to restrain the defendant from publishing words that suggest that the plaintiff engaged in criminal conduct. The remedy ...
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