An
interlocutory injunction is a temporary court order that tells someone to stop doing something until a final decision is made by the court. It is a way to prevent harm or preserve the status quo until a trial or hearing takes place.
Full definition
Justice Dery's lawyer, Nii Kpakpo Samoa Addo Tuesday withdrew an application
for interlocutory injunction against Anas and his private investigation company, Tiger Eye.
Kogi State Governorship Election Petitions Tribunal sitting in Lokoja, Monday struck out two motions
seeking interlocutory injunction to stop the inauguration of the Governor - elect, Yahaya Bello...
He nonetheless filed another application for
interlocutory injunction against managers of the Accra International Conference Centre, seeking to restrain them from allowing the centre to be used to screen the video.
Google v. Equustek Solutions is a recent decision that potentially expands the scope of
interlocutory injunctions in order to ensure that trademark passing - off does not continue to be facilitated, even if unintentionally, by a non-party.
That followed an application for an order
of interlocutory injunction filed by the Omanhene of the Eastern Nzema Traditional Area, Awulae Amihere Kpanyinli III.
In a ruling delivered yesterday, the court also granted an order of
interlocutory injunction restraining INEC, the PDP and their agents from dealing with or according any facility required by law (regarding the gubernatorial elections to be conducted by INEC in Edo and Ondo states) to any other persons or group other than the Sheriff, Prof Wale Oladipo and Fatai Adeyanju - led NWC of the party.
«It is on record that when anti graft agencies sent invitation letters to judges suspected of corruption, they had rushed to the Federal High Court to
obtain interlocutory injunctions to prevent their arrest, investigation and prosecution.
That decision — as well as the record - breaking award in Nova Chemicals Corporation v. Dow Chemical Company, et al. by the Federal Court in February, and even the Supreme Court's June judgement in Google Inc. v. Equustek Solutions Inc., which indirectly affirmed the respondent's intellectual property rights by upholding a
worldwide interlocutory injunction against Google — may only strengthen Canada's position as a favourable jurisdiction for patent applications.
In Saint Mary's University v. U SPORTS, 2017 ONSC 6749, Justice Archibald of the Ontario Superior Court of Justice recently decided an urgent
interim interlocutory injunction brought by Saint Mary's University to enjoin U SPORTS from releasing its ruling on the eligibility of a Saint Mary's football player.
The answer turns on
classic interlocutory injunction jurisprudence: is there a serious issue to be tried; would irreparable harm result if the injunction were not granted; and does the balance of convenience favour granting or refusing the injunction.
This fact, combined with the reality that
interlocutory injunctions remain a difficult remedy to obtain in Canada, may very well mean that IP owners should consider taking the risk of sending out threatening communications to an infringer's customers.
Interim and
Interlocutory Injunctions Fortunately, the courts have a robust system in place to give parties immediate, if temporary, relief in the form of an injunction to ensure their rights are not compromised by the slow grind of the litigation process, giving all parties the time and opportunity to flesh out their positions once the immediate risk of harm has been dealt with.
Obtained an interim and
interlocutory injunction staying the City of Toronto's Chief Purchasing Official's temporary suspension of a construction company from bidding on and participating in City of Toronto construction tender calls.
In the spring of 2012 during student protests in Quebec over proposed increases to university tuition fees, Jean - François Morasse, a student at the Université Laval, obtained a
provisional interlocutory injunction that mandated free access to the facilities in which Morasse's classes were held.
The SCC upheld the lower court's worldwide
interlocutory injunction requiring Google to de-index the website of Datalink Technology Gateways from its global search results.
In February 2017, in Sleep Country Canada Inc v Sears Canada Inc, 2017 FC 148, the Federal Court (FC) issued a
rare interlocutory injunction to Sleep Country against Sears» new slogan «There is no reason to buy a mattress anywhere else» because the FC found that the depreciation of goodwill and loss of distinctiveness amounted to irreparable harm.
While Google was not a party to the initial litigation, it launched the appeal to the Court of Appeal to contend that the
extraterritorial interlocutory injunction granted by the lower court over-extended the court's jurisdiction.
The City sought an interim and
interlocutory injunction restraining Canna Clinic and its owners from, among other things, using the properties from which they operate to sell, store or distribute marijuana.
Kaduna State wing of Nigeria Union of Teachers, NUT, has raised alarm over attempt by the state government to allegedly frustrate the Order
of Interlocutory Injunction...
In November 2017, the District Court for Northern California granted Google's motion for preliminary injunctive relief, blocking the enforcement of the
worldwide interlocutory injunction upheld by the SCC.
On March 14th and 15th, Kinder Morgan was back in BC Supreme Court for the hearing on
the interlocutory injunction.
«In the light of the pending case including our client's motion for
interlocutory injunction, Your Lordship is under clear duty to stay action on the activities of your commission until the pending case is determined.
The court directed that the parties to maintain status quo pending the hearing of the senator's motion seeking
an interlocutory injunction to hear the recall process, while September 29 has been fixed for the hearing of the said motion.
Despite
an interlocutory injunction suit filed against the process by a disqualified flagbearer - aspirant Onsy Nathan Kwame Nkrumah, Chairman of the party, Prof Edmund Delle has said the presidential primaries will come off as planned.
The three plaintiffs are, through
an interlocutory injunction application, aiming to declare Mr Paul Afoko's suspension null and void, and to restrain the respondents from recognising Mr Afoko's deputy, first Vice-Chairman Freddie Blay, as acting Chairman.
«We have already filed
an interlocutory injunction in court stopping the Saturday state congress and that informed our decision to boycott the congress today.
Some customers of DKM Microfinance in the Northern regional capital, Tamale, are seeking to place
an interlocutory injunction on the payments of depositor claims scheduled for next week Monday, October 17, 2016.
The opposition New Patriotic Party (NPP) is heading to court to place
an interlocutory injunction on the results of the Tamale central Parliamentary election.
The private law firm made the following demands:
The interlocutory injunction suit filed against Dr Zanetor Agyeman - Rawlings by incumbent Klottey Korle MP, Nii Armah Ashitey, is «dead on arrival», Dr Rawlings» Lawyer Godwin Tameklo has said.
The interlocutory injunction suit filed against Dr Zanetor Agyeman - Rawlings by incumbent Klottey Korle MP, Nii Armah Ashitey, is «dead on arrival», Dr Rawlings» Lawyer Godwin Tameklo has said.
The three are seeking
an interlocutory injunction «to restrain them from holding out [Freddie Blay] as acting chairman of the party and convening and attending meetings without the purportedly suspended chairman of the party (Chairman Afoko) being the convenor of the meetings and to restrain the defendants from taking decisions in any meeting not convened by Chairman Afoko, until this dispute is finally determined.»
Adamant Sheriff led faction of the party had filed an application on July 4 for
an interlocutory injunction seeking to halt convention scheduled for August 17.
This comes despite a Justice of a Federal High Court in Abuja, asking INEC and Melaye to maintain «status quo», pending the hearing of a motion filed by the Senator to seek
an interlocutory injunction.
The PPP filed a suit at the High Court in on September 19 seeking
an interlocutory injunction to prevent the Commission from receiving the nominations in protest of the EC's much criticised increase in the filing fees for presidential and parliamentary aspirants.
He stated that there was a court order that had restrained INEC and its REC from announcing the result of the LGA in favour of any of the parties until
the interlocutory injunction on the result was vacated.
The PPP filed
an interlocutory injunction at the High Court on September 19 seeking to restrain the EC from going ahead with the receipt of filing fees from presidential and parliamentary candidates a day before the date scheduled for filing.
The final day for submission of nomination forms at the Electoral Commission (EC) headquarters has seen a rather bizarre twist with the Commission accepting the filing fee of the Progressive People's Party's (PPP) Flagbearer despite
an interlocutory injunction placed on the process by the PPP itself.
Background The party filed
an interlocutory injunction at the High Court on September 19, seeking to restrain the EC from going ahead with the receipt of filing fees from presidential and parliamentary candidates a day before the date scheduled for filing.