Whether it is better to seek to enjoin the defaulting fiduciary for acting unfairly, or to seek damages and suffer the delay and uncertainty of extended litigation, that is the question. An injunction is appropriate to enjoin actions threatening imminent harm which is difficult to quantify and therefore not easily remedied by an award of damages. However, seeking an injunction involves considerable up-front cost for the applicant and, in the event the motion is unsuccessful, significant cost exposure to the other side. In contrast, a claim for damages postpones much of the cost burden and may impose pressure on the defendant to curtail the activity giving rise to the claim. These are the tactical issues to be considered by an employer seeking to enjoin competitive activity.
Category Archives: Injunctions
Legal comment, news and articles relating to recent important developments and Canadian court decisions relating to Injunctions.