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

Author: David Crerar
Publisher: Irwin Law
ISBN: 9781552214565
Published In: July 2017
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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.

Acknowledgements

Chapter 1: Introduction

Part One: The Mareva Asset Preservation Order

Chapter 2: Introduction: Nature of Mareva Relief

Chapter 3: Test for Mareva Orders across Canadian Jurisdictions

Chapter 4: First Part of Test: Strength of Case

Chapter 5: Second Part of Test: Balance of Convenience

Chapter 6: Specific Uses for Mareva Orders

Chapter 7: Procedure

Chapter 8: Special Procedural and Ethical Requirements: Disclosure

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

Chapter 10: The Order