Canadian Fraud Law

Canadian Fraud Law

Commentary, News and Updates

Injunctions & Emergency Relief

Subscribe to Injunctions & Emergency Relief RSS Feed

Mareva Injunctions – Ontario Court of Appeal Signals a More Flexible Test for Granting Worldwide Mareva Injunctions

Posted in Injunctions & Emergency Relief
The decision in SFC Litigation Trust (Trustee of) v. Chan, 2017 ONSC 1815 represents a step toward a more flexible approach when our courts are asked to consider whether a Mareva injunction should be granted. In this case, the appellant, Mr. Chan, the former Chief Executive Officer of Sino-Forest Corporation (“SFC”), appealed an order confirming a… Continue Reading

Thawing out an asset freeze

Posted in Injunctions & Emergency Relief
One of the most powerful pre-judgment remedies available to a plaintiff is a Mareva injunction freezing the defendant’s assets before trial. The Mareva injunction is a powerful tool for levelling the playing field when dealing with those who, left to their own devices, would dissipate their assets in order to frustrate the claims of their… Continue Reading

Mareva injunctions: They’re not just for pre-judgment anymore

Posted in Enforcement of Foreign Judgments and Awards, Injunctions & Emergency Relief
The Mareva injunction is a powerful tool for levelling the playing field when dealing with those who, left to their own devices, would dissipate their assets, with a view to frustrating the claims of their creditors.  While the commencement of litigation is the traditional juncture to seek such extraordinary relief, based in part on the… Continue Reading

British Columbia Court of Appeal upholds Mareva injunction in aid of international arbitral proceedings, overturning lower court

Posted in Enforcement of Foreign Judgments and Awards, Injunctions & Emergency Relief
In a decision sure to please the international arbitration bar and those who pursue asset recovery in fraud matters alike, our team was recently successful before the highest court in British Columbia. The BC Court of Appeal reinforced the importance of Canada’s international obligations to recognize and enforce arbitral awards and to treat foreign litigants… Continue Reading