British Columbia Model Order for Preservation of Assets

• Author: David A. Crerar
• Pages: 273-282

APPENDIX

A

British

Columbia

Model

Order

for

Preservation

of

Assets

Practice

Direction

PD-47,

“

Model

Orders

”

(1

August

2015)

MODEL

ORDER

FOR

PRESERVATION

OF

ASSETS

1

[Style

of

Proceedings]

ORDER

BEFORE

THE

HONOURABLE

MR./

MADAM

JUSTICE

[Name

of

Judge]

day

the

day

of

,

2O_

1

An

early

draft

of

this

Order

was

prepared

by

Cray

J

and

Groberman

J

(as

he

then

was).

It

has

been

revised

to

reflect

comments

of

a

Working

Group

consisting

of

Madam

Justice

Victoria

Gray;

Michael

D

Lucas,

Manager,

Policy

and

Legal

Services,

Law

Society

of

British

Columbia;

Robert

Dawkins,

Borden

Ladner

Gervais

LLP;

and

Michael

Stephens,

Hunter

Litigation

Chambers.

This

model

Order

does

not

alter

the

law

with

respect

to

Mareva

Injunction

Orders

in

the

Province

of

British

Columbia

and

its

terms

may

not

be

appropriate

for

all

types

of

cases.

Additional,

alternative

or

related

relief

may

be

sought

and

obtained

from

the

Court.

It

is

the

responsibility

of

counsel

to

ensure

that

the

proposed

Order

meets

the

require



ments

of

their

case

and

to

provide

evidentiary

support

and

judicial

authority

for

the

relief

sought,

whether

contained

in

this

model

Order

or

otherwise.

Parenthe



ses

indicate

terms

which

may

be

appropriate

in

some

circumstances.

For

example,

the

words

in

parentheses

in

paragraph

2

will

be

appropriate

if

the

order

affects

worldwide

assets,

but

not

if

the

order

affects

assets

only

in

British

Columbia.

273