What is the test for a preservation order and a Mareva injunction?
British Columbia, Canada
The following excerpt is from Kepis & Pobe Financial Group Inc. v. Timis Corporation, 2018 BCCA 420 (CanLII):
The judge began his analysis by setting out the criteria to be met for granting a preservation order (in para. 21 above) and for granting a Mareva injunction (from ICBC v. Patko in para. 17 above). He engaged in something of a blended analysis of the tests for each of the orders while distinguishing the elements of the tests where they differed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a Mareva injunction and a preservation order? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Under what circumstances will a court order a Mareva injunction in every case of corporate fraud? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
In what circumstances will a court order that the Pitt Polder Preservation Society be able to continue to preserve the land it owns for future generations? (British Columbia, Canada)
What is the effect of an interim preservation order granted under section 9 of the BC Civil Forfeiture Act? (British Columbia, Canada)
What is the test for a preliminary injunction under the first element of the injunction? (British Columbia, Canada)
Does an order under s. 9 of the Guidelines on Special and extraordinary expenses include a separate order as to special and extraordinary expense? (British Columbia, Canada)
Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs? (British Columbia, Canada)
