The Automotive Parts Manufacturers' Association (APMA), supported by the City of Windsor and the Attorney General of Ontario, brought a motion for an interim interlocutory injunction to restrain a protest that had obstructed access to the Ambassador Bridge in Windsor, Ontario.
The protest, related to COVID-19 restrictions, caused significant economic harm to the automotive industry and disrupted the local community.
The court applied the three-part RJR-MacDonald test for injunctions and the modified test for statutory injunctions to enforce municipal by-laws.
The court found overwhelming evidence of serious issues to be tried (public nuisance, intentional interference with economic relations) and irreparable harm to the economy and community.
It concluded that the balance of convenience strongly favored granting the injunction, emphasizing that Charter rights to freedom of expression do not extend to unlawful acts that impede public access and cause substantial harm.
