Nova Scotia Annotated Civil Procedure Rules

Part 10 - Temporary Remedies

Rule 41 - Interlocutory Injunction and Receivership

Educational Notes

This Rule maintains the general law of injunctions obtained before a dispute is heard and determined on the merits. It replaces the previous R.43.01. The Rules no longer allow for an interim injunction that is essentially final. Rule 41.06 requires the moving party to (among other things) undertake to bring the claim to final determination without delay. If a permanent injunction or receivership is the final remedy sought, it must be obtained under Rule 75 - Injunction or Rule 73 – Receiver. Rule 41 does not apply to motions for the appointment of an interim receiver under the Bankruptcy and Insolvency Act.

41.06 - Undertaking and award of damages

41.06 Undertaking and award of damages

(1)   A party who makes a motion for an interim or interlocutory injunction, or an interim or interlocutory receivership, must file, with the ex parte motion or notice of motion, an undertaking to do all of the following:

(a)     indemnify another party for losses caused by the interim or interlocutory injunction or the interim or interlocutory receivership if a judge who finally determines the claim is satisfied that the injunction or receivership is not justified in light of the findings on final determination;

(b)     move without delay for an interlocutory injunction or interlocutory receivership, if the party successfully makes a motion for an interim injunction or interim receivership;

(c)     bring the party’s claim to a final determination without delay.

(2)   A judge may assess damages, and grant an order for judgment on an undertaking after a claim is discontinued or dismissed.

(3)   A failure to proceed without delay may be dealt with under Rule 88 - Abuse of Process.

Index Terms
  • Damages awarded where motion for injunction not justified
  • Damages awarded where motion for receivership not justified
  • Delay in proceeding to next step, abuse of process
  • Failure to proceed without delay when temporary injunction, receivership, or preservation order granted
  • Failure to proceed without delay when temporary remedy granted
  • Form 78.05, Order [for Interlocutory Injunction]
  • Indemnity for losses caused if injunction unjustified
  • Indemnity for losses caused if receivership unjustified
  • Losses caused when temporary injunction or receivership not justified
  • Order [for Interlocutory Injunction], Form 78.05
  • Undertaking for motion for injunction to freeze assets
  • Undertaking for motion for interim or interlocutory injunction
  • Undertaking for motion for interim or interlocutory receivership