What is the test for a Mareva injunction?
British Columbia, Canada
The following excerpt is from Gayhart (Estate) v Schanck, 2021 BCSC 1570 (CanLII):
. . . (a) the existence of a strong prima facie case or a good arguable case (there is no strict formula); and (b) having regard to all relevant factors in the case, whether granting an injunction would be just and convenient (in other words, the balance of convenience). 12. Because Mareva injunctions are invariably sought on ex parte applications, they are subject to the general rules governing such applications. Those are summarized in Pierce v. Jivraj, 2013 BCSC 1850 at para. 37:
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