What is the relevant test for determining whether a Mareva injunction should be granted?
Ontario, Canada
The following excerpt is from Salna v. Lotfi-Noushad, 2007 CanLII 16643 (ON SCDC):
We find the motions Judge did not consider the relevant test for determining whether a Mareva injunction should be granted. Had she done so, we are of the view that there was not sufficient evidence to demonstrate a strong prima facie case nor was there evidence that there was a real risk that Silverwoods would remove assets from the jurisdiction or was disposing of or dissipating assets in a manner clearly distinct from the ordinary course of business or for the purpose of avoiding the possibility of judgment: See Aetna Financial Services v. Feigelman 1985 CanLII 55 (SCC), [1985] 1 S.C.R. 2.
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