What is the purpose of a Mareva injunction?
Ontario, Canada
The following excerpt is from Bot Constructon (Ontario) Limited v. Dumoulin, 2008 CanLII 22123 (ON SC):
At para. 17 of CIBC v. Credit Valley, Molloy J. puts in context the purpose of a Mareva injunction: The purpose of the Mareva injunction is a limited one. It is meant to restrain a defendant from taking unusual steps to put his assets beyond the reach of the plaintiff in order to thwart any judgment the plaintiff might eventually obtain. It is not meant to give the plaintiff any priority over other creditors of the defendant, nor to prevent the defendant from carrying on business in the usual course and paying other creditors.
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