Injunctive Relief — Ontario Employment Law

In Ontario employment law, injunctive relief is an extraordinary equitable remedy. Instead of simply ordering one party to pay monetary damages to the other, a court grants an injunction to compel someone to perform a specific act or strictly forbid them from doing something. Because it relies on the court's authority to directly restrict a person's or company's actions, judges consider it a drastic measure that should be granted only when financial compensation alone would not resolve the injustice.

Under Ontario's Courts of Justice Act, this remedy is commonly sought in highly contentious workplace disputes where time is of the essence. For employers, injunctive relief is typically pursued when a former worker—often a senior employee or a departing fiduciary—breaches their employment contract by soliciting clients, attempting to engage in unfair competition, or misappropriating confidential proprietary information. In these situations, the company may argue that allowing the employee to continue these actions will cause permanent, unquantifiable damage to the business's market share or reputation.

Conversely, employees, unions, or bargaining units might seek injunctive relief to prevent an employer from terminating a worker under disputed circumstances, or to reinstate an improperly removed union official. Employers might also use this tool during labour disputes to restrain picket lines if workers are engaging in tortious or criminal conduct, though Ontario courts are careful not to infringe upon constitutionally protected rights to peaceful expression.

To secure an injunction, a party generally must satisfy a strict three-part legal test established by Canadian courts. First, they must show there is a serious issue to be tried. Second, they must demonstrate that they will suffer "irreparable harm"—harm that cannot be fixed later with a cheque—if the order isn't granted. Finally, the "balance of convenience" must favor granting the order, meaning it is ultimately fairer to grant the restriction than to deny it.

Because the rules surrounding equitable remedies are complex and the evidentiary deadlines are extremely tight, securing or defending against such an order is rarely a do-it-yourself endeavor. Anyone facing a situation where an emergency court order seems necessary or imminent should urgently consult a qualified Ontario employment litigator to assess the tactical risks and draft the necessary affidavits.