Banks (and Other Nonparties) and Mareva Orders

AuthorDavid A. Crerar
Pages185-199
CHAPTER
15
Banks
(and
Other
Nonparties)
and
Mareva
Orders
A.
GENERALLY:
DUTIES
OF
NONPARTIES
SERVED
WITH
A
MAREVA
ORDER
1
Generally,
a
Mareva
order
binds
every
person
with
notice
of
the
or
der,
as
of
the
time
the
person
first
receives
notice
of
the
order,
and
whether
or
not
such
defendant
or
person
has
been
served
with
a
copy
of
the
order.
British
Columbia
Model
Order
for
Preservation
of
Assets
at
paras
13,14,
and
19:
Appendix
A
Ontario
Model
Asset
Preservation
Order
at
para
i:
Appendix
B
Specifically,
the
order
can
properly
be
extended
to
nonparties
that
have
participated
in
the
removal
of
the
defendant
s
assets.
This
exten
sion
is
founded
on
the
court
s
power
to
protect
its
process
from
abuse.
LED
Builders
v
Eagle
Homes
(1997),
148
ALR
247
(FCA)
Ordinarily,
a
freezing
injunction
will
not
prevent
a
financial
in
stitution
or
other
nonparty
that
holds
assets
of
the
defendant
from
1
This
book
generally
uses
the
term
"nonparty"
rather
than
"third
party"
to
refer
to
a
corporate
or
natural
person
that
is
neither
a
named
plaintiff
nor
a
defend
ant
in
the
litigation.
This
is
to
avoid
confusion
with
the
use
of
the
term
"third
party"
to
refer
to
a
named
party
in
the
litigation
that
has
been
effectively
added
as
a
defendant
by
cross-claim.
Many
cases
will,
however,
use
the
terms
synonomously.
185

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