Test for Mareva Orders across Canadian Jurisdictions
| Author | David A. Crerar |
| Pages | 54-64 |
CHAPTER
3
Test
for
Mareva
Orders
across
Canadian
Jurisdictions
A.
GENERAL
TEST
FOR
MAREVA
ORDERS
As
set
out
below,
generally,
a
party
seeking
a
Mareva
order
must
estab
lish
two
factors
derived
from
the
general
Canadian
test
for
injunctions:
1)
the
existence
of
a
strong
prima
facie
or
good
arguable
case
2)
having
regard
to
all
relevant
factors
in
the
case,
that
granting
an
injunction
would
be
just
and
convenient
(in
other
words,
that
the
balance
of
convenience
favours
the
granting
of
an
order)
B.
COMPARISON
BETWEEN
JURISDICTIONS
As
set
out
below,
the
standard
of
proof
required
by,
the
relevant
con
siderations
in,
and
the
flexibility
of
the
test
for
Mareva
orders
vary
considerably
between
jurisdictions,
with
British
Columbia
standing
as
something
of
an
outlier,
or
pioneer,
in
its
flexible
approach.
British
Columbia
authorities
should
thus
be
treated
with
caution
in
other
jurisdictions.
In
contrast
to
British
Columbia,
Alberta
has
rejected
the
application
of
a
“
flexible
”
Silver
Standard-like
approach
in
“
normal
commercial
”
cases.
Cho
v
Twin
Cities
Power-Canada,
2011
ABQB
707
at
para
15,
aff'd
Cho
v
Twin
Cities
Power-Canada,
Silver
Standard
Resources
v
Joint
Stock
Co
Geolog,
1998
Can
LU
6468
(BCCA)
54
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