Injunctions & Emergency Relief

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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 as favourably as British Columbians at all stages of proceedings, including the pursuit of extraordinary relief such as Mareva injunctions. Madam Justice Garson, writing for a unanimous Court that included Madam Justice Levine and Madam Justice Neilson, overturned a decision of Madam Justice Ross, which had declared a Mareva injunction to have been wrongly granted, in part, based on the “limited association” of the parties to British Columbia. In reaffirming the flexible approach to Mareva injunctions taken by British Columbia Courts, the panel explicitly rejected the conclusion of Justice Ross that the appellant had failed to meet the full, frank and fair disclosure obligations of a party seeking an injunction on ex parte basis.
Continue Reading British Columbia Court of Appeal upholds Mareva injunction in aid of international arbitral proceedings, overturning lower court

The Ontario Court of Appeal recently reinstated a lower court’s contempt finding against a lawyer who paid himself $60,000 and returned $440,000 to his client, a financial advisor facing multiple legal proceedings for defrauding his clientele.
Continue Reading Lawyer for financial advisor in fraud case found in contempt by Ontario’s highest court for violating Mareva injunction.