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Injunctions - Standard of Review

. Krieser v. Garber

In Krieser v. Garber (Ont CA, 2020) the Court of Appeal set out the appellate standard of review for injunctions:
[46] The appellants acknowledge that the grant of an injunction is a discretionary decision. The court will only interfere with the exercise of discretion if it was based on an error of law (determined on a correctness standard), a palpable and overriding error of fact, the consideration of irrelevant factors or the omission of factors that ought to have been considered, or if the decision was unreasonable in the sense that it is not compatible with the judicial exercise of discretion: Aventis Pharma S.A. v. Novopharm Ltd., 2005 FCA 390, 44 C.P.R. (4th) 326, at para. 4; Bellini Custom Cabinets v. Delight Textiles Limited, 2007 ONCA 413, 225 O.A.C. 375, at para. 44.


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