Clients seeking an injunction lawyer Toronto often require immediate relief to prevent asset dissipation, preserve property interests, or maintain the status quo pending trial. Injunction lawyer Toronto services require immediate and strategic court intervention.
As an injunction lawyer in Toronto, we bring urgent motions for injunctive relief and Certificates of Pending Litigation (CPLs) to preserve the status quo.
We act quickly in commercial and real estate disputes where assets may be transferred or rights irreversibly harmed before trial.
In many commercial and real estate disputes, waiting for trial is not an option. Assets may be sold, property transferred, or rights irreversibly lost before a case can be decided on its merits. In these circumstances, injunctive relief is often critical to preserve the status quo and protect a party’s rights.
What Is Injunctive Relief?
Injunctive relief is an equitable remedy granted by the court to prevent harm before it occurs or to preserve the status quo pending trial. Unlike damages, which compensate after the fact, injunctions are designed to prevent irreversible prejudice.
Ontario courts grant injunctive relief cautiously, but will do so where a party demonstrates:
- A serious issue to be tried
- Irreparable harm if relief is not granted
- A balance of convenience favouring the injunction
These principles apply across a wide range of commercial and property disputes.
Certificates of Pending Litigation (CPL)
A Certificate of Pending Litigation is a powerful statutory tool used to protect a claimed interest in land during litigation. A CPL does not create an interest in property, but serves as notice to third parties and prevents dealings that could defeat the claim before trial.
Courts have repeatedly confirmed that the purpose of a CPL is to preserve disputed property while the underlying rights are determined. For example, in Cheng v. Qu Fei Cheng, 2022 ONSC 6796, the Court reaffirmed that a CPL is intended to protect a claimed proprietary interest and that contested factual issues are generally not to be finally determined on an interlocutory motion.
Similarly, Ontario courts apply established discretionary factors—often referred to as the Dhunna factors—considering issues such as:
- Whether there is a triable issue regarding an interest in land
- Whether damages would be an adequate remedy
- The relative prejudice to the parties if the CPL is maintained or discharged
These motions are highly fact-specific and require careful evidentiary and strategic preparation.
- Bringing early security for costs motions where appropriate
- Defending against security motions that are tactical or oppressive
- Aligning security strategies with overall litigation and settlement objectives
- Seeking tailored security orders that protect costs exposure without overreach
Situations Where Injunctive Relief Is Critical
We regularly seek or defend injunctive relief in cases involving:
Real Estate & Development Disputes
- Attempts to sell or encumber property contrary to agreements
- Claims involving beneficial or equitable interests in land
- Protection of property pending accounting or partnership disputes
Commercial & Corporate Disputes
- Shareholder or partnership breakdowns
- Threatened dissipation of assets
- Breach of restrictive covenants or contractual obligations
- Urgent relief to preserve business operations or control
Asset Preservation & Enforcement Strategy
In cross-border disputes, enforcement risk is often the central concern. We take a proactive, litigation-driven approach to protecting our clients’ ability to recover.
Where appropriate, we seek:
- Injunctive relief to restrain asset dissipation
- Mareva injunctions to freeze assets in Ontario
- Certificates of Pending Litigation (CPLs) where real property is implicated
- Coordinated enforcement against corporate and personal assets
Our cross-border practice is closely integrated with our injunction, CPL, and asset-recovery work, ensuring that foreign rights are not rendered meaningless by delay or asset movement.
Procedural & Tactical Motions
- Applications for interim or interlocutory injunctions
- Requests for alternative security in lieu of injunctive relief
Our Approach to Injunction and CPL Motions
Injunctions and CPL motions are often decisive moments in litigation. Courts expect focused advocacy, proper use of evidence, and a clear understanding of the applicable legal tests.
We assist clients by:
- Assessing whether injunctive relief is strategically appropriate
- Framing claims to properly ground a proprietary or equitable interest
- Preparing detailed affidavit evidence and responding facta
- Resisting improper attempts to resolve contested facts on interlocutory motions
- Seeking or opposing alternative security where appropriate
We prepare detailed evidentiary records and focused legal submissions addressing the applicable test for injunctive relief, including serious issues to be tried, irreparable harm, and balance of convenience.
In appropriate cases, we seek Mareva injunctions to restrain the dissipation of assets where there is a real risk that a defendant may move, conceal, or dispose of assets to defeat a claim.