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