This book deals with two effective civil litigation tools used in cases of fraud. A Mareva injunction, also referred to as an “asset preservation order,” is a court order that prevents or limits a defendant from dealing with or disposing of some or all of his assets. The Anton Piller order, or “search order” or “evidence preservation order,” allows a plaintiff to search the defendant’s home or business to seize and preserve documents and other evidence. The order has been likened to a “civil search warrant.” The book also provides an overview of the preservation of property rules that exist in all Canadian jurisdictions.
The new edition has been significantly updated to feature new case law and secondary authorities from Canada and other jurisdictions, as well as summaries and practice tips to enhance readability and provide practical guidance. Additionally, it offers checklists for the Mareva and Anton Piller processes, updated model preservation and seizure orders, and new sections on statutory preservation orders in family, securities, civil forfeiture, and consumer protection law.