Legal Injunctions

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Commonly Asked Questions about Legal Injunctions

Who decides an injunction?

A U.S. District Court judge issues the injunction or order under the seal of the clerk of the court.

What are the most common injunctions?

The three main instances of an injunction are restraining orders, preliminary (temporary) injunctions, and permanent injunctions. Cease and desist orders are a common type of injunction that demands an individual or entity to stop some activity.

What is the difference between a stay order and an injunction?

Injunctions are issued pretrial or during a trial. A stay order is used when an appeal is pending to prevent an order or judgment being executed or enforced during the appeal. ETA: Stay orders are different within a bankruptcy setting, though.

How to get an injunction in BC?

First, you must demonstrate there is a serious issue to be tried; your claim needs to be more than frivolous. Second, you need to show you would suffer irreparable harm if the order is not granted; will a future award of damages not adequately compensate you for the harm alleged?

How do I write a request for an injunction?

Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.

What is an injunction in Canadian law?

An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act.

How to obtain a court order in BC?

FILE the APPLICATION FOR AN ORDER by taking or mailing it to the Provincial Court Registry. There is no fee for filing an Application. If the form is accepted for filing, registry staff will set a date for you to attend before a judge.