Injunctions And Mandatory Orders
Although often the most effective way to protect your interests is to avoid the court system and focus on negotiation, sometimes court is essential for immediate assistance when there is an urgent need.
Our injunctions lawyers for Toronto and the GTA have the necessary experience to recognize when immediate relief such as an injunction or mandatory order is needed, identify the best type of relief for your situation, and petition for that relief.
To get an injunction or mandatory order, you generally must prove that there is a serious question to be tried, that you will suffer irreparable harm if you are not granted the relief, and that the balance of convenience favours granting the relief sought.
These are extraordinary remedies, but can be very powerful and effective if used correctly.
Preventing Immediate Harm
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property. They may be necessary in a variety of situations, such as when there is:
- Risk to your assets while negotiations are taking place or while you are waiting for a court date to resolve the issues in dispute
- Evidence that may be lost, destroyed or hidden, as in cases of bank fraud or other criminal activity
- A need to restrain ongoing or possible harms such as defamation, breach of confidentiality, disclosure of trade secrets or solicitation of clients
- Oppression in a partnership or shareholder dispute
- A possible real estate resolution such as eviction of a tenant for breach of lease or stay of a sale
Contact Rochon | Genova LLP
If you require an injunction or mandatory order, act now. Call Rochon Genova at 416-548-9874 or send us an email to set up a free consultation. We serve clients in the Greater Toronto Area and throughout Ontario.