Category: Injunctions

Ferreira v. St. Mary’s General Hospital, 2018 ONCA 247

In this case, the Plaintiff was involved in an MVA and retained legal counsel. Subsequently, the Plaintiff was found in cardiac arrest at his house. The hospital determined that there was no prospect of recovery and the Plaintiff’s family decided to remove him from life support and donate his organs. Legal counsel urged the family to reconsider, and when they would not, brought an application for an interim injunction in the name of the Plaintiff (without notice to the Plaintiff’s family) to prevent the hospital from withdrawing life support. The judge hearing the application granted the initial injunction. The hospital brought an emergency motion to overturn the injunction on the basis that once the Plaintiff was brain dead, his organs could not be donated. The motion judge allowed the motion and the decision was upheld by the Ontario Court of Appeal.

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.