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The court dismissed a motion to vary an interlocutory injunction, holding the defendant had not shown a material change in circumstances and that the injunction should remain pending trial.
The British Columbia Court of Appeal refused leave to appeal and declined a stay in a Mareva injunction variation dispute involving sealed disclosure and permitted expenses.
The court varied a Mareva injunction to let Jackson T. Friesen access frozen funds for living costs and legal fees, holding he need only show no non-frozen assets were available.
Where a creditor's claim arises solely from its breach of a clear Mareva injunction the court has broad equitable jurisdiction to refuse, delay or condition enforcement of that claim; applying that principle, the Court of Appeal found BCU breached the Mareva order and ordered enforcement of amounts advanced in breach delayed until Trade Capital's action is determined, with pari passu recovery if Trade Capital succeeds.
Source excerpt
The court found Azure Alberta and its controlling mind misled the court on a Mareva variation application, awarded special costs, and declined to start contempt proceedings.
The court dismissed Blu-Water’s application to vary an injunction, finding no material unforeseen change in circumstances and treating the alleged disassociation as likely a sham.
The court varied a post-judgment Mareva injunction over a Mexican mine, extending it to worldwide assets and disclosure, but refused to order a complete shutdown of mining.
The court maintained a Mareva injunction in a fraud case, finding a strong prima facie case, a real risk of dissipation, and no adequate proof that all funds were repaid.
Applications for leave to appeal a variation of a post-judgment Mareva injunction were dismissed. The court held the order was an in personam measure and the Supreme Court remained the proper forum for further variation.
The court partly varied a freezing injunction, allowing release of the lesser of $8,800 or the BMO account balance for legal expenses, but denied other relief.
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