Mareva and Anton Piller Preservation Orders in Canada: A Practical Guide 2nd ed

Author: David A. Crerar; Connor Bildfell
Publisher: University of Toronto Press
ISBN: 9781552217283

Previous Edition ISBN: 9781552214565
Published In: February 2025
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,210.30

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Description
Contents

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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.

1: Introduction

Part One: The Mareva Asset Preservation Order

2: Introduction: Nature of Mareva Relief

3: Test for Mareva Orders Across Canadian Jurisdictions

4: First Part of Test: Strong Prima Facie Case

5: Second Part of Test: Balance of Convenience

6: Specific Uses for Mareva Orders

7: Procedure

8: Special Procedural and Ethical Requirements: Disclosure

9: Special Procedural and Ethical Requirements: The Undertaking in Damages

10: The Order

11: Affidavit of Assets