Civil Procedure Rules of Nova Scotia  
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Part 15 - Other Kinds of Proceedings

Rule 75 - Injunction

Scope of Rule 75
75.01 (1) This Rule provides for an injunction as a final remedy, such as a permanent injunction or a temporary injunction that extends beyond the conclusion of the proceeding.
  (2) An interlocutory or interim injunction may be obtained in accordance with Rule 41 - Interlocutory Injunction and Receivership.
  (3) A party may obtain a final order for an injunction, in accordance with this Rule.
       
Motion for injunction
75.02 (1) A party who claims an injunction as a final remedy may make a motion for the injunction in either of the following circumstances:
   
(a)
the party is entitled to judgment under Rule 8 - Default Judgment, or Rule 13 - Summary Judgment;
   
(b)
a judge determines, after the trial of the action or hearing of the application in which the claim is made, that an injunction should be issued.
  (2) A party who obtains a judgment and finds that an injunction is required to give effect to the judgment may make a motion for the injunction.
       
Injunction is discretionary
75.03   A judge who is satisfied it is just to do so, may grant a motion for an injunction.
       
Terms and conditions
75.04 (1) A judge may grant an injunction on terms and conditions.
  (2) A judge may amend the terms and conditions of an injunction in any of the following situations:
   
(a)
an error requires correction under Rule 78.08, of Rule 78 - Order;
   
(b)
circumstances have changed, and the terms or conditions must be amended to give effect to the intent of the injunction;
   
(c)
the injunction is unenforceable, unless the amendment is made.
       
Termination
75.05   A judge may terminate an injunction that cannot be, or can no longer be, enforced.
       
Injunction in aid of another court
75.06 (1) A judge who is satisfied on all of the following may, in a proceeding started under Rule 5 - Application, grant an injunction to aid the order of a court of another jurisdiction for an injunction or a remedy similar to an injunction:
   
(a)
the order of the other court is made on a basis upon which a similar order may be made in Nova Scotia, or it is otherwise just to enforce the order;
   
(b)
the injunction will aid the enforcement or effectiveness of the order of the other court;
   
(c)
the order of the other court is final, rather than interim or interlocutory.
  (2) An order made by a superior court of another province or a territory of Canada is presumed to be made on a basis upon which a similar order may be made in Nova Scotia, unless the contrary is established.
  (3) A person who seeks an injunction in aid of an interlocutory or interim injunction, or similar remedy, issued in another jurisdiction may start a proceeding under Rule 5 - Application, and make a motion under Rule 41 - Interlocutory Injunction and Receivership.
       

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