Case information

Injunctions — Civil procedure — Interim injunction — What legal factors are courts required to consider at the balance of convenience stage of the test for injunctive relief against state action alleged to infringe the Charter of Rights and Freedoms — How are courts to consider novel Charter claims when assessing the strength of an action at the balance of convenience stage —Whether the presumption of public interest that applies to impugned state action at the balance of convenience stage of the test for injunctive relief can be rebutted — Whether the identification and contextualization of a specific public interest purpose to the impugned state action requires an evidentiary foundation?

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AC and JF were receiving benefits under Alberta’s Support, Financial Assistance program when the Child, Youth and Family Enhancement Amendment Regulation, AR 8/2020, reduced the upper age of eligibility to participate in the program from 24 years to 22 years of age. AC and JF commenced an action claiming the change is a breach of fiduciary duty and breaches the Charter of Rights and Freedoms. A motions judge ordered an interlocutory injunction staying the legislative amendment until the trial is resolved. The Court of Appeal granted an appeal and set aside the interlocutory injunction.