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Mareva and Anton Piller Preservation Orders in Canada

A Practical Guide

Overview

This book deals with two effective civil litigation tools used in cases of fraud. A Mareva injunction, also referred to as an “asset preservation order,” is a court order that prevents or limits a defendant from dealing with or disposing of some or all of his assets. The Anton Piller order, or “search order” or “evidence preservation order,” allows a plaintiff to search the defendant’s home or business to seize and preserve documents and other evidence. The order has been likened to a “civil search warrant.” The book also provides an overview of the preservation of property rules that exist in all Canadian jurisdictions.

Reviews

"Crerar’s book is . . . a worthy and valuable text . . . . For the benefit of the bar, and the bench which has to hear the bar’s members, this book should be widely known and consulted, and so far as the applications discussed are concerned, it should have a place at counsel table along with the annotated rules." — Murray A. Clemens, Q.C., and Emily L. Hansen, The Advocate, Vol. 76, Part 6, November 2018 (download the full review here, courtesy of The Advocate)

Table of Contents

Acknowledgements 
Chapter 1: Introduction

Part One: The Mareva Asset Preservation Order 
Chapter 2: Introduction: Nature of Mareva Relief 
Chapter 3: Test for Mareva Orders across Canadian Jurisdictions 
Chapter 4: First Part of Test: Strength of Case 
Chapter 5: Second Part of Test: Balance of Convenience 
Chapter 6: Specific Uses for Mareva Orders 
Chapter 7: Procedure 
Chapter 8: Special Procedural and Ethical Requirements: Disclosure 
Chapter 9: Special Procedural and Ethical Requirements: The Undertaking in Damages
Chapter 10: The Order 
Chapter 11: Affidavit of Assets 
Chapter 12: Procedures Available after the Order 
Chapter 13: Sanctions for Breach of the Order 
Chapter 14: Worldwide Mareva Orders 
Chapter 15: Banks (and Other Nonparties) and Mareva Orders 

Part Two: Preservation of Property Rules 
Chapter 16: Preservation of Property Rules 

Part Three: The Anton Piller Search Order 
Chapter 17: Introduction: Search Orders 
Chapter 18: Test for Anton Piller Orders 
Chapter 19: Procedure 
Chapter 20: The Order 
Chapter 21: Executing the Order 
Chapter 22: Procedures Available after the Order 
Chapter 23: Sanctions for Breach of the Order 

Appendix A: British Columbia Model Order for Preservation of Assets 
Appendix B: Ontario Model Asset Preservation Order 
Appendix C: British Columbia Model Order for Seizure and Safekeeping of Evidence 
Appendix D: Ontario Model Search Order 
Further Readings 
Table of Cases 
Index 

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