Duhaime's Law Dictionary


Perpetual Injunction Definition:

A permanent injunction.

Related Terms: Interlocutory Injunction

Often simply referred to as a permanent injunction.

In Traders Bank v Wright, Justice Perdue of the Manitoba Court of Appeal wrote:

"Injunctions are either interlocutory or perpetual. Interlocutory injunctions are such as are to continue until the hearing of the cause. Perpetual injunctions are such as form part of the decree made upon the hearing upon the merits."

In his treatise on equitable remedies, Spry wrote:

"A perpetual injunction is an injunction that is directed towards the final settlement and enforcement of the rights of the parties that are in dispute....

"Both perpetual and also interlocutory and interim injunctions may at any time be dissolved by the court by which they were granted, should it become appropriate to do so."

In Steeves Dairy, Justice Macdonald of the British Columbia Supreme Court wrote:

"Where a plaintiff has established his legal right and the fact of its violation he is in general entitled as of course to a perpetual injunction to prevent the recurrence of the wrong, unless there be something special in the circumstances of the case."

REFERENCES:

  • Spry, I., The Principles of Equitable Remedies, 6th Ed. (London: Sweet & Maxwell, 2001), page 382.
  • Steeves Dairy Limited v. Twin City Co-Operative Milk Producers Association, [1926] 1 D.L.R. 130
  • Traders Bank v Wright, 17 Man. R. 695 (1908)

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