Lexis Nexis Pre-emptive Commercial Remedies
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Product description
Pre-emptive Commercial Remedies is a thorough guide aimed at legal professionals who need to know about commercial injunctions such as Mareva, Anton Piller and Norwich orders. It takes the reader from the definition of an injunction to the sentencing that follows the breach or non-respect of an order. It covers national content from all Canadian provinces as well as international decisions from the United Kingdom, Australia and Hong Kong.
This new publication furnishes a detailed guide to the equitable and statutory interlocutory (and interim) anti-fraud remedies available to a plaintiff seeking to recover damages or specific performance by final judgment. These pre-emptive measures are now well established in both Canadian and English law and are meant to counter the possibility of civil frauds including fraudulent conveyances and preferences and the spoliation of evidence.
The Mareva injunction and carve-outs with the Chabra and the Marex tort jurisdictions, pre-action disclosure and search orders, including the Anton Piller, Norwich and Bankers Trust orders, are all considered in detail as well as the effects on non-party persons such as banks. Defences to and limitations on these equitable orders are discussed as well as the variation and discharge of Mareva injunctions.
Treatment includes the fortification of and dispensing with the undertaking as to damages and the calculation of damages along with the surrender of passports and gag orders. Preservation of property before trial through provincial statutory pre-emptive remedies which act in rem on the subject-matter of the dispute are considered, including certificates of pending litigation and pre-judgment garnishment, where available.
There is a discussion of Wagg orders involving the disclosure of Crown briefs in the civil context and, more generally, privacy and confidentiality issues arising out of coerced disclosure. Anti-suit injunctions (for both foreign and domestic arbitrations) form a separate chapter. Finally, there is a chapter on the law of contempt and sentencing.
Pre-emptive Commercial Remedies constitutes an authoritative and comprehensive commentary on interim and interlocutory financial remedies, including practice and procedure, and is the only Canadian text devoted entirely to these fraud prevention and minimization of risk measures.
Who Should Read This Book
Corporate and commercial lawyers, paralegals and legal assistants will find this title particularly valuable to their practice. Professors and law students will also find this resource useful for civil procedure, debtor/creditor or remedies courses.
Table of contents
Preface
Chapter 1: Introduction
Chapter 2: The General Injunction
§ 2.01 Quia Timet Jurisdiction
§ 2.02 The Interim/Preliminary Injunction
§ 2.03 The Anti-Suit Injunction
Chapter 3: Mareva and Freezing Injunctions
§ 3.01 General
§ 3.02 Jurisdiction Generally
§ 3.03 Defences
§ 3.04 Consequential/Collateral Relief
§ 3.05 Restraint of Non-Parties – The Chabra Jurisdiction
Chapter 4: Norwich Orders
§ 4.01 The Test
§ 4.02 Bankers Trust Orders
Chapter 5: Anton Piller Orders
§ 5.01 Test
§ 5.02 Imaging Orders
Chapter 6: Provincial Discovery Rules
Chapter 7: The Marex Tort
Chapter 8: Statutory Freezing Orders
§ 8.01 Certificate of Pending Litigation
§ 8.02 “An Interest in Land”
§ 8.03 Discharge of a Certificate of Pending Litigation
§ 8.04 Liability for Misuse
§ 8.05 Procedure
Chapter 9: Provincial Freezing Injunctions
§ 9.01 British Columbia
§ 9.02 Alberta – Civil Enforcement Act
§ 9.03 Saskatchewan – The Enforcement of Money Judgments Act
§ 9.04 Manitoba
§ 9.05 Ontario
§ 9.06 Quebec – Safeguard Order
§ 9.07 New Brunswick
§ 9.08 Nova Scotia
§ 9.09 Prince Edward Island
§ 9.10 Newfoundland
Chapter 10: Pre-Judgment Garnishment
§ 10.01 British Columbia
§ 10.02 Alberta
§ 10.03 Saskatchewan
§ 10.04 Manitoba
§ 10.05 Newfoundland and Labrador
Chapter 11: Contempt
§ 11.01 Penalty/Sentencing
§ 11.02 Practice
§ 11.03 Appeals
§ 11.04 Non-Party Liability
Table of Cases
Index
