Introduction: Search Orders

• Author: David A. Crerar
• Pages: 231-234

CHAPTER

17

Introduction:

Search

Orders

A.

GENERALLY

The

Anton

Piller

order

is

a

prejudgment

order

that

directs

a

defendant

to

permit

the

representatives

of

the

plaintiff

to

access

the

defend



ant

’

s

premises

for

the

purpose

of

securing

evidence

that

is

vital

to

the

plaintiff

’

s

case

where

there

is

a

danger

that

the

evidence

will

be

destroyed,

dispersed,

or

altered.

Anton

Piller

orders

operate

to

ensure

that

unscrupulous

defend



ants

cannot

make

relevant

evidence

disappear.

Their

primary

pur



pose

is

to

protect

the

integrity

of

the

civil

court

process,

ensuring

that

plaintiffs

can

be

confident

that

the

courts

can

do

justice

even

when

pursuing

claims

against

people

who

are

unwilling

to

play

by

the

rules.

Irving

Shipbuilding

v

Schmidt,

2014

ONSC

5089

at

paras

49

and

59

The

Anton

Piller

remedy

is

an

exceptional

remedy

at

the

extremes

of

the

judicial

power.

It

is

not

a

search

warrant,

but

it

does

impose

pressure

on

the

defendant

to

permit

the

plaintiff

’

s

agents

to

search

the

defendant

’

s

premises.

Anton

Piller

KC

v

Manufacturing

Processes,

[1976]

1

All

ER

779

at

781-82

An

Anton

Piller

order

should

be

granted

only

with

a

clear

under



standing

of

its

exceptional

and

highly

intrusive

nature.

Celanese

Canada

v

Murray

Demolition,

2006

SCC

36

at

para

32

Promo-Ad

&

Associates

v

Keller,

2013

ONSC

1633

at

para

48

231