We have previously written about the requirements that must be met by a party seeking a particular type of injunction known as a “Mareva injunction.” This is a court order that prohibits dissipation of a defendant’s assets. The issue recently arose in a proposed class action involving allegations of fraud and fraudulent misrepresentations in the […]
Category Archives: Injunctive Relief
Injunctive Relief in Defamatory Actions
In today’s digital age, where information spreads like wildfire, safeguarding one’s reputation has never been more important. Individuals now have the power to make defamatory statements about someone by simply typing a few words and hitting “send” or “post.” As a result, defamation claims are a common cause of action, as false statements about a […]
Guarding Your Digital Fortress Against Data Scraping
On August 24, 2023, the Office of the Privacy Commissioner of Canada, in conjunction with 11 other global privacy authorities (“Regulators”), issued a joint statement (the “Joint Statement”) regarding privacy protection and data scraping. This blog post will provide an overview of data breaches and data scraping and explain the potential consequences of such privacy […]
Consequences of Non-Compliance with a Mareva Order
Injunctive relief, such as a Mareva order, is powerful in civil litigation cases. This type of legal remedy may be requested and granted in certain situations where it is appropriate to freeze a defendant’s assets before trial to ensure they cannot be depleted. To spend any money, the party must seek authorization from the court. […]
Court Declines to Grant Interim Relief Staying Investigation Order
Injunctions are powerful legal remedies that can be requested by a party and granted in a vast range of disputes. The purpose of an injunction is to either force a party to do something or prevent them from doing something to preserve assets or evidence. Injunctive relief is often sought in commercial disputes, such as […]
Injunctive Relief and Old Trees
Injunctive relief is a powerful legal remedy used to prevent a party from continuing to engage in an unlawful activity or to enforce a legal right. The Ontario Superior Court recently granted an interim injunction in a contentious case involving the removal of 200-year-old trees at Osgoode Hall. In light of this case, this blog […]
Court Denies Permanent Injunction Regarding University Vaccine Policy
An injunction is a court order that either prohibits certain actions or behaviour, or compels a party to take a certain action. Injunctions may be awarded in various civil matters, from civil fraud, in which an injunction may be granted to prevent a party from disposing of or destroying certain property, to contract disputes, in […]
Injunctions & Receiverships as Tools in Civil Fraud Cases
In the course of litigation, a defendant may attempt to sell, hide, transfer or otherwise make it appear that all assets have been depleted, leaving nothing for the plaintiff. To preserve or freeze the defendant’s assets, a plaintiff may seek a Mareva injunction or request that a receiver be appointed to manage the defendant’s financial […]
Court Dismisses Injunction Request Pending Ruling on Mandatory Hotel Stays
The ongoing pandemic has affected numerous industries, government policies and individuals, resulting in a significant amount of litigation. From insurance and contract disputes to class action suits to challenges of mandatory business closures, courts have been asked to hear a number of unprecedented issues created by COVID-19. Recently, one of those issues has been the […]
Mareva Injunctions: Freezing Assets Before Judgment
The remedy of a Mareva injunction is so named having adopted the name of the plaintiff company in a 1975 English Court of Appeal decision (Mareva Compania Naviera SA v. International Bulkcarriers SA). Such an order prohibits the dissipation of the defendant’s assets. In effect, it provides a form of pre-judgment execution and has the […]