Mareva and Anton Piller Preservation Orders in Canada Second Edition - A Practical Guide

Publisher:: Irwin Law Inc.
Publication date:: 2025-06-13

Authors:: David A. Crerar
ISBN:: 9781552217290

Description:

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.

Index

Preliminary Sections
Chapter 1: Introduction
Chapter 2: Introduction: Nature of Mareva Relief
Chapter 3: Test for Mareva Orders Across Canadian Jurisdictions
Chapter 4: First Part of Test: Strong Prima Facie 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
Chapter 11: Affidavit of Assets
Chapter 12: Procedures Available After the Order
Chapter 13: Sanctions for Breach of the Order
Chapter 14: Worldwide Mareva Orders
Chapter 15: Banks (and Other Nonparties) and Mareva Orders
Chapter 16: Preservation of Property Rules
Chapter 17: Introduction: Anton Piller Search Orders
Chapter 18: Test for Anton Piller Orders
Chapter 19: Procedure
Chapter 20: The Order
Chapter 21: Executing the Order
Chapter 22: Procedures Available After the Order
Chapter 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
About the Authors

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