What is the test for an order under Rule 45.01?

Ontario, Canada


The following excerpt is from Moore v. Assaly, 2013 ONSC 817 (CanLII):

An order under Rule 45.01 resembles a civil search warrant. It is subject to a higher threshold test than an ordinary ex parte injunction under Section 101 of the Courts of Justice Act see: Schuster v. Royal & Sun Alliance Insurance Co. of Canada, [2009] O.J. No. 4518 (S.C.J.).

Other Questions


When one parent is subject to a deportation order, can the court order a non-removal order? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
What is the test for a court to order a temporary order or custody order in a custody matter? (Ontario, Canada)
What is the test for lifting a stay of execution on a motion to lift an order that would have lifted the stay of an order requiring the lifting of the order? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
What are the consequences of a Director's Delegate's Order and Order to quash or to set aside or quash the two orders and decisions? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
Can a variation of an interim order be made in the context of a motion to change a final order? (Ontario, Canada)
Is a consent order enforceable if the consent order is amended or amended? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.