INTERLOCUTORY INJUNCTIONS AND IRREPARABLE HARM IN THE FEDERAL COURTS
Bibliographic record
Abstract
Federal Court of Appeal jurisprudence has established that an interlocutory injunction will not be granted unless the plaintiff can show it will suffer irreparable harm on the basis of evidence that is “clear and not speculative.” In consequence it is now common in the Federal Courts for interlocutory injunctions to be refused without consideration of the balance of convenience. This approach to interlocutory injunctions is important both in the Federal Court itself and because its influence is being felt in other Canadian jurisdictions. This article argues that this high threshold for irreparable harm should be rejected, as it is not justifiable in principle or by the leading authorities.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.014 | 0.018 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.005 | 0.004 |
| Science and technology studies | 0.015 | 0.033 |
| Scholarly communication | 0.011 | 0.004 |
| Open science | 0.003 | 0.004 |
| Research integrity | 0.011 | 0.007 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".