21Injunctions

#### 21 Injunctions (1) Where, on the application of a party to a franchise agreement, a court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute: (a) a contravention of a provision of this Act or the regulations; (b) attempting to contravene such a provision; (c) aiding, abetting, counselling or procuring a person to contravene such a provision; (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or (f) conspiring with others to contravene such a provision; or conduct that otherwise defeats or prejudices, or is likely to defeat or prejudice, any right or remedy of or available to the applicant under this Act, the court may grant an injunction in such terms as the court determines to be appropriate. (2) Without limiting the generality of subsection (1), the power to grant injunctions under that subsection includes the power to grant injunctions for the purpose of setting aside any instrument or disposition, but the court shall not grant such an injunction that would adversely affect the interests of a bona fide purchaser or assignee or other bona fide person interested (not being the defendant or an associate of the defendant). (3) Where in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1). (4) The court may rescind or vary, or suspend the operation of, an injunction granted under subsection (1) or (3). (5) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind. (6) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised: (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do that act or thing. (7) Without limiting the generality of subsection 3(2), a reference in this section to a party to an agreement includes a reference to a person who has been a party to an agreement.