Injunctions: Interim, Interlocutory and Permanent

In some situations, waiting for a final judicial decision may prove impossible, especially when fundamental rights or critical interests are at stake. Injunctions offer the possibility of intervening quickly in order to safeguard rights or prevent damage that could prove irreparable. At Azran Lawyers in Montreal, we excel in handling these exceptional procedures; Our goal: to defend your interests vigorously and forwardly.

What is an injunction?

In Quebec law, an injunction is defined as an order issued by a magistrate that compels the addressee – whether an individual, partnership or entity – to perform, interrupt or refrain from a specific act. Depending on the context and the criticality of the case (e.g. emergency), this measure may be temporary or even permanent; it is then qualified as provisional, interlocutory or permanent respectively. Injunctions are powerful tools for resolving various conflicts. For example, they can

• prevent the publication of a defamatory article,
• forcing a neighbour to stop excessive nuisance,
• restore a clearly established right of way by a title deed.

Every situation is unique, and our lawyers are here to guide you through this complex process.

The legal basis for injunctions

Article 509 of the Quebec Code of Civil Procedure defines an injunction as an order issued by the Superior Court enjoining a natural or legal person to do or not to do something. This mechanism aims to preserve the balance between the rights of the parties until the dispute is fully resolved. Failure to comply with a court injunction can result in severe repercussions: monetary – in the form of fines – or even legal repercussions, such as imprisonment for contempt of court. It is therefore crucial to fully understand the extent of your rights and duties when faced with this possibility.

The interim injunction: an immediate response

The interim injunction is a measure intended for those facing an emergency situation. Let’s imagine: your neighbour decides to demolish a building on your property. In this case, you have the option of requesting this injunction in order to immediately stop his actions and thus avoid irreparable damage. Limited to an initial period of 10 days, this injunction may be extended if circumstances so require. Its urgency justifies that it can be obtained without prior notification to the party concerned; However, it is commonly accepted that an attempt should be made, as far as possible, to warn him (so-called “reasonable” efforts). Our law firm is committed to preparing and formulating your request with the utmost rigour to optimize your chances of winning your case.

The interlocutory injunction: a temporary solution

In times of litigation, it may be necessary to resort to an emergency measure: the interlocutory injunction. The purpose of this legal mechanism is to force one of the parties to take specific measures or, on the contrary, to suspend certain actions pending the final decision of the court. In order for the judge to grant an application for an interlocutory injunction, the applicant must respond positively to three crucial requirements

1. The application must have a prima facie case, that is, it must appear serious enough to warrant a subsequent permanent injunction.
2. There must be a risk of serious or irreparable harm if the injunction is not granted.
3. The benefits of the injunction must outweigh the inconvenience it may cause to the other party.

Our lawyers ensure that strong affidavits and compelling evidence are prepared to support each application, while adhering to strict procedural requirements.

 

The Permanent Injunction: A Final Resolution

Unlike interim and interlocutory injunctions, a permanent injunction is a final measure taken after a full trial. The judge then analyzes the facts and the law in depth to render a decision with the force of res judicata. This process can take several months, but it ensures a long-lasting solution. Obtaining a permanent injunction requires extensive expertise and careful preparation. At Azran Avocats, we support you at every step to assert your rights strategically and effectively.

Why call on Azran Avocats?

Injunctions, due to their complexity, require in-depth legal knowledge. A wrong step in the procedure, or a lack of preparation, could shake your prospects of winning. At Azran Avocats, our seasoned lawyers scrupulously accompany you at every level: they orchestrate the drafting of documents with meticulousness and ensure a solid presence before the judge. Faced with the urgency or the need for rapid judicial intervention? It’s time to get in touch with us. We are committed to defending your rights vigorously and providing you with flawless legal representation.