(New edition)

Mareva and Anton Piller Preservation Orders in Canada

A Practical Guide


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.

Table of Contents

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 

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