The impact of natural disasters, pandemics, and world crises can potentially upend traditionally stable contractual relationships. As a result, mandatory injunctions, usually an extraordinary remedy, are becoming increasingly viable tools to deal with novel disputes created between commercial entities.
Topics include:
- The distinction between an injunction and a mandatory injunction
- Explaining the case law and distinctions between the two
- Explaining when to use an injunction and when to use a mandatory injunction
- The mechanics of a mandatory injunction
- Explaining what the burdens are and which party is required to prove them
- Practical considerations in marshalling evidence and cross-examining witnesses
- Dealing with the expedited nature of an injunction application
- Practical considerations, including whether or not you need experts as well as balancing the need for evidence against the need to get to court quickly
This on-demand program was originally broadcasted on May 5, 2022. Total running time is 1 hour, 14 minutes.
Presenter
Marin Leci, Borden Ladner Gervais LLP