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

Law

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

Edited by David A. Crerar · Connor Bildfell
University of Toronto Press February 2025

Specifications

ISBN-13
9781552217283
Publisher
University of Toronto Press
Publication
February 2025
Format
Paperback
Jurisdiction
Canada ? Countri(es) for reference only

Also available as

Details

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.

Table of Contents

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
12: Procedures Available After the Order
13: Sanctions for Breach of the Order
14: Worldwide Mareva Orders
15: Banks (and Other Nonparties) and Mareva Orders
Part Two: Preservation of Property Rules
16: Preservation of Property Rules
Part Three: The Anton Piller Search Order
17: Introduction: Anton Piller Search Orders
18: Test for Anton Piller Orders 281
19: Procedure
20: The Order
21: Executing the Order
22: Procedures Available After the Order
23: Sanctions for Breach of the Order
Appendix A: British Columbia Model Order for Preservation of Assets
Appendix B: Alberta Model Asset Preservation Order
Appendix C: Ontario Model Asset Preservation Order
Appendix D: British Columbia Model Order for Seizure and Safekeeping of Evidence
Appendix E: Alberta Template Anton Piller Order
Appendix F: Ontario Model Search Order
Appendix G: Mareva Order Checklist
Appendix H: Anton Piller Order Checklist
Further Readings
Table of Cases
Index
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