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

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

Name: Mareva and Anton Piller Preservation Orders in Canada: A Practical Guide 2nd ed
Brand: University of Toronto Press
SKU: 9781552217283
Price: 1210.30 HKD
Availability: InStock
Author: David A. Crerar; Connor Bildfell
ISBN: 9781552217283

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.

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

Your basket

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

Details

Table of Contents

You may also be interested in these books:

The Family Law Handbook: Your Practical Guide to Australian Family Law, 4th Edition

International Arbitration of Renewable Energy Disputes, 2nd Edition

Butterworths Hong Kong Trade Marks Handbook (4th Edition)

Administrative Law from the Inside Out: Essays on Themes in the Work of Jerry Mashaw

Hong Kong Employment Ordinance: An Annotated Guide: An excellent complement to Hong Kong Employment Law Manual

Civil Case Management in the Twenty-First Century: Court Structures Still Matter