R. v. Canadian Broadcasting Corp., 2018 SCC 5

The Supreme Court of Canada has modified the test for granting a mandatory injunction. In sum, an applicant must now: (1) demonstrate a strong prima facie case that it will succeed at trial which includes showing a strong likelihood on the law and the evidence presented that, at trial, the applicant will ultimately be successful in proving the allegations set out in the originating notice; (2) demonstrate that irreparable harm will result if the relief is not granted; and (3) show that the balance of convenience favours granting the injunction. The difference is in the first step which previously required an applicant to show that there was a serious issue to be tried.