Procedures Available after the Order

AuthorDavid A. Crerar
Pages166-172
CHAPTER
12
Procedures
Available
after
the
Order
An
interlocutory
injunction
such
as
a
Mareva
order
may
return
for
judicial
reconsideration
in
several
ways.
A.
ELAPSE
OF
THE
ALLOTTED
TIME
If
the
injunction
has
been
granted
for
a
specific
and
limited
time,
the
plaintiff
may
come
before
the
court
to
apply
for
its
continuance.
Hickman
v
Kaiser
(1996),
28
BCLR
(3d}
195
at
paras
24
and
26
(SC)
B.
SETTING
ASIDE
ORVARYING
THE
ORDER
Mareva
orders,
like
other
ex
parte
orders,
may
be
set
aside
upon
appli
cation
by
the
party
affected.
The
Ontario
and
British
Columbia
model
asset
preservation
or
ders
allow
a
party
or
nonparty
affected
by
an
order
to
seek
variation
or
discharge
of
the
order,
on
short
or
full
notice
to
the
claimant.
British
Columbia
Model
Order
for
Preservation
of
Assets
at
para
11:
Appendix
A
Ontario
Model
Asset
Preservation
Order
at
para
11:
Appendix
B
Generally,
once
an
interlocutory
or
final
order
has
been
entered,
the
court
is
fiinctus
officio.
It
may
not
hear
what
is
essentially
an
ap
166

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