NorthStar Earth & Space Inc. v Spire Global Subsidiary, Inc.: The Appropriate Analytical Framework For Injunctions In The Arbitral Context

Since the Supreme Court of Canada's decision in RJR-MacDonald Inc. v. Canada¹, the legal test for granting or denying an interlocutory injunction has been a generally stable and settled area of law. However, the common law continuously considers new circumstances and issues, and in this context, the Superior Court's recent decision in NorthStar Earth & Space Inc. v Spire Global Subsidiary, Inc., 2024 ONSC 5060 marks a continuation of this tradition in relation to injunctions. In NorthStar, the Court was faced with the question of whether to adjust the traditional framework for granting a mandatory injunction in relation to a matter that had been proposed for arbitration.

Below, we review the Superior Court's decision, including the insight it provides on how a court may exercise its discretion in determining the appropriate analytical framework for granting an injunction and its clarifications on what may be considered as an "irreparable harm".