What is the effect of a Mareva injunction on the assets of a plaintiff?
British Columbia, Canada
The following excerpt is from Save-A-Lot Holdings Corp. v Christensen, 2019 BCSC 115 (CanLII):
A Mareva injunction is an extraordinary remedy. It is a remedy that is only available in the clearest of cases. Further, while a Mareva injunction may be issued where there is no proof of dissipation of assets at the time of the application, nevertheless the fundamental harm addressed through a Mareva injunction is as stated in Tracy v. Instaloans Financial Solutions Centres, 2007 BCCA 481, at paragraph 45: ... the issue is the risk of harm through either dissipation of assets or removal of them to a place beyond the court's reach.
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