Procedures Available after the Order

• Author: David A. Crerar
• Pages: 265-268

CHAPTER

22

Procedures

Available

after

the

Order

A.

APPLICATION

TO

SET

ASIDE

THE

ORDER

A

search

order

should

explicitly

state

that

the

defendant

is

entitled

to

return

to

court

on

short

notice

to

(i)

discharge

the

order,

or

(2)

vary

the

amount

of

security.

Celanese

Canada

v

Murray

Demolition,

2006

SCC

36

at

para

40

The

review

of

an

Anton

Piller

order

is

an

application

de

novo.

The

plaintiff

bears

the

onus

of

demonstrating

that

the

order

should

re



main

in

place.

IMS

Health

Canada

c

Think

Business

Insights,

2013

QCCA

1303

at

paras

8

and

56

XY,

LLC

v

Canadian

Topsires

Selection,

2012

BCSC

1797

at

para

23

Mustang

Helicopters

v

Heli

Source,

2012

ABQB

269

at

para

1

Alberta

Treasury

Branches

v

Leahy,

2000

ABQB

575

at

paras

22-23

and

178,

aff'd

(sub

nom

Alberta

Treasury

Branches

v

Chermezian)

2002

ABCA

101,

leave

to

appeal

to

SCC

refused,

[2002]

SCCA

No

235

Bell

Expressvu

Limited

Partnership

v

Rodgers

(2007),

52

CPC

(6th)

312

at

para

n

(OntSCJ)

The

court

reviews

the

execution

of

the

original

order

and

ensures

that

the

applicant

has

discharged

all

of

her

obligations.

In

this

review,

the

court

may

consider

all

relevant

factors

including

jurisdiction,

ser



vice

of

the

order,

full

and

frank

disclosure,

and

costs.

It

does

not

con



duct

an

appeal

of

the

order;

it

is

acting

de

novo.

CHUM

v

Stempowicz,

2003

FCT

800

at

paras

13-14

265