Protest

The plaintiff railway company sought an ex-parte interim injunction to clear a blockade by unknown protesters on its Toronto to Montreal Main Line.

The blockade halted significant freight and passenger traffic, causing severe economic and operational disruptions.

Applying the R.J.R. MacDonald test, the court found a serious question to be tried regarding trespass, irreparable harm to the plaintiff and the public, and that the balance of convenience overwhelmingly favoured the plaintiff.

The court granted the interim injunction for ten days.

The plaintiff railway company sought an ex parte interim injunction to restrain protestors from blockading its Toronto-Montreal main line.

The protestors, who were members of a First Nation, claimed to be showing support for First Nations chiefs in an upcoming meeting with the Prime Minister.

The court granted the injunction, finding that the plaintiff had established a strong case of trespass and tortious interference, and that the blockade was causing irreparable harm to the plaintiff and its customers.

The court held that neither the expressive nature of the protest nor the aboriginal identity of the protestors altered the balance of convenience, which overwhelmingly favoured the plaintiff.