Sanctions for Breach of the Order

AuthorDavid A. Crerar
Pages173-179
CHAPTER
13
Sanctions
for
Breach
of
the
Order
A.
INTRODUCTION
A
Mareva
order
is
typically
granted
where
a
strong
prima
fade
case
of
fraud
has
been
made
out
by
the
plaintiff.
To
a
significant
degree,
the
effectiveness
of
such
an
order
depends
on
the
defendant
s
honesty
and
trustworthiness
two
commodities
that
may
be
in
short
supply
in
the
case
of
a
defendant
in
a
fraud
case.
Courts
must
have
some
as
surance
that
their
orders
can
be
effective.
Majormaki
Holdings
v
Wong,
349
at
para
24,
cited
in
Luu
v
Wang,
at
para
93
The
breach
of
a
Mareva
order
engages
the
public
interest
in
the
administration
of
justice.
Luu
v
Wang,
at
para
93
Pronesti
v
7309395
Ontario,
2015
ONSC
1139
at
paras
31-33
B.
CONTEMPT
1)
Introduction
An
injunction
must
be
implicitly
obeyed,
and
every
diligence
made
to
obey
it
to
the
letter.
Those
who
do
not
obey
it
are
guilty
of
contempt.
Blatherwick
v
Blatherwick,
2016
ONSC
7680
at
para
62
173

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