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Mareva and Anton Piller Preservation Orders in Canada
A Practical Guide, Second Edition
David A. Crerar (Author), Connor Bildfell (Author)
9781552217283
Paperback / softback, published 31 March 2025
490 pages
22.9 x 15.2 x 2.7 cm, 0.68 kg
"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)
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. The new edition has been significantly updated to feature new case law and secondary authorities from Canada and other jurisdictions, as well as summaries and practice tips to enhance readability and provide practical guidance. Additionally, it offers checklists for the Mareva and Anton Piller processes, updated model preservation and seizure orders, and new sections on statutory preservation orders in family, securities, civil forfeiture, and consumer protection law.
Acknowledgements Chapter 1: Introduction Part One: The Mareva Asset Preservation Order Part Two: Preservation of Property Rules Appendix A: British Columbia Model Order for Preservation of Assets Further Readings
Chapter 2: Introduction: Nature of Mareva Relief
Chapter 3: Test for Mareva Orders Across Canadian Jurisdictions
Chapter 4: First Part of Test: Strong Prima Facie 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
Chapter 16: Preservation of Property Rules Part Three: The Anton Piller Search Order
Chapter 17: Introduction: Anton Piller 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 B: Alberta Model Asset Preservation Order
Appendix C: Ontario Model Asset Preservation Order
Appendix D: British Columbia Model Order for Seizure and Safekeeping of Evidence
Appendix E: Alberta Template Anton Piller Order
Appendix F: Ontario Model Search Order
Appendix G: Mareva Order Checklist
Appendix H: Anton Piller Order Checklist
Table of Cases
Index
About the Authors