• Publication Date: July 27, 2017
  • ISBN: Print (Paperback): 9781552214565
  • ISBN: Digital (PDF): 9781552214572
  • 386 pages; 6" x 9"
Filed Under: Civil Law; Litigation

Mareva and Anton Piller Preservation Orders in Canada

A Practical Guide


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Product Description

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.


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 


“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
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