Some business disputes cannot wait for trial. When a former employee is walking out with your client list, a counterparty is about to dissipate assets, or a shareholder is forcing through an improper transaction, Edmonton Law Office helps clients seek urgent court orders designed to preserve rights, protect assets, restrain harmful conduct, or maintain the status quo while the dispute is resolved.
Alberta courts apply the three-part test from the Supreme Court of Canada’s decision in RJR-MacDonald Inc v Canada (Attorney General):
(1) a serious issue to be tried;
(2) irreparable harm: harm that money cannot adequately compensate if the order is not granted; and
(3) a balance of convenience favouring the order.
The applicant must usually also give an undertaking as to damages: a promise to compensate the other side if the injunction later proves unwarranted. Courts treat these orders as extraordinary, which is why preparation and evidence quality decide them.
We act on both sides: obtaining urgent relief for applicants, and moving quickly to set aside or vary overreaching orders obtained against our clients.
Urgent applications can be heard in days, sometimes hours, but only if the evidence is ready: affidavits that prove the harm, exhibits that document it, and full and frank disclosure of the weaknesses in your own case (a strict obligation on without-notice applications; failing it can get the order set aside and costs awarded against you).
Delay is the enemy. Courts ask why an applicant who claims urgency waited weeks to come to court. If you believe you need an injunction, the time to call is today.
Injunction applications are front-loaded: significant work is compressed into a short period. But a properly supported injunction can materially shift leverage and may create conditions for resolution. A defendant who is frozen, restrained, or exposed often settles. We will give you a realistic assessment of both the prospects and the budget before you commit.
How fast can I get an injunction in Alberta?
In genuinely urgent cases, it may be possible to seek an interim order within days, and in appropriate cases without notice to the other side, where notice would defeat the purpose. Such orders are short-lived and return to court quickly, with both sides heard.
What is “irreparable harm”?
Harm that damages cannot meaningfully fix: loss of a business, destruction of confidential information’s value, permanent loss of customers or market position, or a defendant who will be judgment-proof by trial. Pure monetary loss against a solvent defendant is usually not enough.
What is the undertaking as to damages?
Your promise to compensate the respondent for losses caused by the injunction if the court later decides it should not have been granted. It is a real financial commitment and part of the strategic calculus we walk through with you.
Can a non-compete really be enforced in Alberta?
Restrictive covenants are enforceable only if reasonable in scope, geography, and duration. Courts scrutinize them, especially in employment. Non-solicitation and confidentiality covenants are enforced more readily than broad non-competes. The facts and drafting decide these cases.
Call the team at Edmonton Law Office at (780) 784-6666 now for an urgent assessment. We will tell you quickly whether an injunction is realistic, what it requires, and what it will cost.
The information on this page is general legal information and is not legal advice. Every dispute turns on its own facts, contracts, and deadlines. Reading this page or contacting the Edmonton Law Office by phone, email, or web form does not create a solicitor-client relationship. Please do not send confidential information until a lawyer at our firm has confirmed in writing that we act for you. Legal deadlines, including limitation periods, may bar your claim if missed; promptly obtain legal advice about your specific situation.
Get responsive legal support to seek an injunction and protect your interests before it’s too late.
