What is the test for obtaining interim preservation of a property?
Ontario, Canada
The following excerpt is from Shi v. Chen, 2021 ONSC 4642 (CanLII):
To obtain an order for the interim preservation of property, the moving party must establish the following: a. The assets sought to be preserved constitute the subject matter of the dispute; b. There is a serious issue to be tried regarding the claim to that asset; and c. The balance of convenience favours granting the relief sought: Hadaro v. Patten, 2019 ONSC 4574, at para. 19.
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