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La Cour d’appel a rejeté l’appel d’une ordonnance de type Mareva visant à geler et divulguer certains actifs, jugeant qu’une forte preuve prima facie et un risque de dissipation existaient.
The Federal Court held the Tribunal’s dismissal of Warren Fick’s CHRA complaint was reasonable and dismissed his judicial review, with no costs.
The Federal Court dismissed an interim injunction motion in a copyright dispute over luminous seesaws, finding no clear irreparable harm and a balance of convenience favoring the defendants.
The interim Mareva injunction was discharged because Brae failed to establish a strong prima facie case of fraud or breach of fiduciary duty for the bulk of its claims and did not demonstrate that continuation of the asset-freeze was justified given the evidence and credibility findings.
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The court granted, in part, an ex parte Mareva injunction in a breach of contract claim, restraining disposal of specified real property pending an inter partes hearing.
The court refused to discharge or stay a freezing order enforcing a Swiss arbitral award, finding a strong prima facie case and a real risk of dissipation.
The court granted the Mareva injunction because the applicant demonstrated a strong prima facie case supported by a forensic audit and criminal charges, established a genuine and serious risk of asset dissipation based on the Bateman's history and business practices, and showed the balance of convenience favored preservation of the Kentville property to prevent irreparable harm to the plaintiff's ability to satisfy a future judgment.
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Ex parte Mareva injunction granted in limited form over promissory note claims, with conditions, asset limits, and a one-month return date.
The extradition judge erred by treating anticipated statements in the ROC as bare assertions lacking evidentiary value and by excluding substantial parts of Omowaiye's anticipated evidence; read as a whole the ROC provided a reasonable basis for an inference that Akinbobola participated in the fraud, and therefore the appeal is allowed and the respondent is committed for extradition.
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The Court held it was not functus officio on costs and awarded Lieutenant Banting $10,000 in party-and-party costs on appeal, denying solicitor-client costs.
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