Publication Year

Publisher

Author(s)

ISBN: 9781552214565

Categories: , , , ,

 
View more details about this title
on the publisher's website:

 
This title can be assigned for course purchase in eBook format through Campus eBookstore:

Mareva and Anton Piller Preservation Orders in Canada

A Practical Guide

This book deals with two effective civil litigation tools used in cases of fraud. A Mareva injunction, also referred to as an “asset preservation order,” is a court order that prevents or limits a defendant from dealing with or disposing of some or all of his assets. The Anton Piller order, or “search order” or “evidence preservation order,” allows a plaintiff to search the defendant’s home or business to seize and preserve documents and other evidence. The order has been likened to a “civil search warrant.” The book also provides an overview of the preservation of property rules that exist in all Canadian jurisdictions.

Contributors

David Crerar

David Crerar is a partner in the Vancouver office of Borden Ladner Gervais LLP, serving as the national leader of the firm’s Defamation and Media Law Group. He is recognized as a leading commercial litigation lawyer in the current editions of Benchmark Litigation, The Best Lawyers in Canada, and Martindale-Hubbell. He practises in the area of civil and commercial litigation, with a focus on antifraud law, defamation and media law, shareholder disputes, protection of trade secrets, and Internet, banking, and pensions litigation. He has published many articles on those and other areas and has contributed to many continuing legal education conferences as an author, lecturer, and chair. He is the co-editor and a co-author of British Columbia Business Disputes, which received the Outstanding Achievement Award from the International Association of Continuing Legal Education, as well as the latest edition of the leading Canadian textbook on civil procedure, The Civil Litigation Process.
Chapter Title Contents Contributors Pages Year Price

Preview

This chapter explains preservation orders, asset freezing orders, and search orders generally. 31 $3.10

Preview

This chapter covers the nature and jurisdiction of Mareva relief in Canada and internationally. 19 $1.90

Preview

This chapter discusses the test for Mareva orders within Canada, with a comparison between provinces and territories. 11 $1.10

Preview

This chapter expands on the test for Mareva orders, including standard of proof, evidence, strength of case, and sequence of analysis. 4 $0.40

Preview

This chapter expands on the test for Mareva orders, specifically the balance of convenience. 20 $2.00

Preview

This chapter covers uses for Mareva orders. 11 $1.10

Preview

This chapter explains the general procedure principals and steps involved in seeking and issuing a Mareva order. 12 $1.20

Preview

This chapter examines the basic principle of full and frank disclosure regarding Mareva orders, as well as costs consequences of non-disclosure. 17 $1.70

Preview

This chapter looks at the undertaking in damages, including relief, security, and execution. 10 $1.00

Preview

This chapter looks at the Mareva order itself, what assets are captured, what assets are excluded, and ancillary and alternative orders. 24 $2.40

Preview

This chapter considers affidavits of assets, as well as their restrictions. 3 $0.30

Preview

This chapter looks at procedures available after the Mareva order, including setting it aside or varying it, as well as appeals. 7 $0.70

Preview

This chapter discusses sanctions for breaches of Mareva orders. It discusses the concept of contempt. 7 $0.70

Preview

This chapter examines worldwide Mareva orders, including tests, enforceability, and undertaking not to enforce. 5 $0.50

Preview

This chapter looks at the duties of banks and other financial institutions when served with a Mareva order. 15 $1.50

Preview

This chapter provides an overview of property preservation rules across Canada. 25 $2.50

Preview

This chapter is an introduction to Anton Piller search orders, their jurisdiction, constitutionality, and uses and abuses. 4 $0.40

Preview

This chapter explains the general test for Anton Piller orders, including four requirements. 5 $0.50

Preview

This chapter looks at the Anton Piller order procedure, including the parties, evidence, full and frank disclosure, and the undertaking in damages. 5 $0.50

Preview

This chapter looks at the main elements of an Anton Piller order, including drafting, the target evidence, privileged materials, location of search, and more. 6 $0.60

Preview

This chapter explains executing the Anton Piller order and the rights and responsibilities of parties involved. 14 $1.40

Preview

This chapter outlines procedures that are available after the Anton Piller order, including application to set aside and appeals. 4 $0.40

Preview

This chapter discusses sanctions for the breach of Anton Piller orders. 3 $0.30