What are the requirements for a Mareva injunction?

British Columbia, Canada


The following excerpt is from Mee Hoi Bros. Company Ltd. v. Borving Investments (Canada) Ltd., 2013 BCSC 1640 (CanLII):

The legal principles applicable to Mareva injunction applications are well known. An applicant must establish: (1) a strong prima facie case or good arguable case on the merits; and (2) that the balance of convenience favours granting such an order, having regard to all the relevant circumstances. Underlying this framework is the fundamental question whether it is just and equitable to grant an injunction in all the circumstances. In that sense, courts must avoid slavish adherence to checklists or precise formula. In Insurance Corporation of British Columbia v. Patko, 2008 BCCA 65 at paras. 25-26, Chief Justice Finch provided a succinct summarization of the requirements for such an order:

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