Can a Mareva injunction be granted?

The basis on which a Mareva injunction may be granted was discussed in Tracy v. Instaloans Financial Solutions Centres (B.C.) Ltd., 2007 BCCA 157. The court confirmed that the fundamental question in each case is whether the granting of the injunction is just and equitable in all of the circumstances. The factors the courts consider – the strength of the case, irreparable harm and balance of convenience – are not independent hurdles but in the nature of evidence used in assessing the relative risks of harm resulting from withholding the issuance of an injunction and the benefit from granting one: at para. 31.