The moving party, a federal inmate serving a life sentence, brought an emergency motion for an injunction to prevent his transfer from an Ontario institution to an Alberta institution pending his habeas corpus application.
The moving party argued the transfer violated his right to counsel and would disrupt his scheduled hip surgery and family support in Ontario.
The court applied the three-part test for an injunction and found a serious issue to be tried, irreparable harm, and that the balance of convenience favoured the moving party.
The injunction was granted, ordering the moving party's return to Ontario pending the outcome of the habeas corpus application.
