What is the test for an asset preservation order?
British Columbia, Canada
The following excerpt is from Skeena Resources Limited v Eilat Exploration Ltd., 2018 BCSC 616 (CanLII):
Skeena submits that the test for an asset preservation order is different than that for a Mareva injunction. An applicant for a preservation order must show: (1) a fair or a serious question to be tried, on the evidence and not just on the pleadings, as to the plaintiff's entitlement to a proprietary interest in property; (2) a fair or serious question to be tried, on the evidence and not just on the pleadings, that the property is threatened with disposition or transfer outside the jurisdiction; and (3) the balance of convenience favours the granting of the injunction: Osooli‑Talesh v. Emami, 2003 BCSC 1924.
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