Differing Approaches to Interim Orders in Regulatory Proceedings

Author: Chilwin Cheng
Current to: October 2025

Interim regulatory orders are designed to protect the public—but when these orders can be issued without notice and without a full hearing, clarity and consistency around the standards that justify them become essential.

Our newest Practice Point, “Differing Approaches to Interim Orders in Regulatory Proceedings” by Chilwin Cheng of Ascendion Law, examines how courts have taken divergent approaches when interpreting identical statutory language across different regulatory regimes. The result? A patchwork of evidentiary thresholds that makes it difficult for counsel and litigants to predict how a regulator must justify urgent, intrusive action.

Originally presented at the CLEBC course Interim Remedies and Injunctions and now available through CLEBC’s Courses on Demand subscription, this paper explores why the standard a regulator must meet—whether a “serious question,” “prima facie case,” or “reasonable grounds”—matters deeply for fairness, transparency, and cost-effective advocacy.

Strengthen your understanding of this rapidly evolving area and equip yourself to better guide clients facing interim orders in highly regulated environments.

 

 

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