PROC 124 Lecture Notes - Lecture 17: Ian Binnie, Ultramar, Celanese
24 Jan 2018
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551 nccp: plaintiff"s claim (on the merits) must appear to be well-founded. If we wait 4 years for the judgment, i will have suffered millions $ in injury and the defendant doesn"t have that kind of $ - and i can prove it. 2) nccp + official commentaries: a consequence of this distinction b/w cml provinces and qc, fc"s jrsd tends to be concurrent in private law matters. If you represent a client in qc for an ip case, you have the option to file before fc or qc sc. If you need to get an interlocutory injunction, choose qc bc it"s easier to obtain, less exposure, no security to post initially . Interlocutory vs. provisional (ex parte) injunction: provisional ex parte injunction: injunction granted when other party is absent when matter is urgent. Interlocutory injunction is an adversarial debate: the other person is notified; plaintiff serves them not only w/ soc but also w/ motion seeking an interlocutory injunction.
