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The Mareva Injunction In Aid Of Foreign Proceedings, Paul Michell

Osgoode Hall Law Journal

Courts have long awarded Mareva injunctions to prevent defendants from frustrating the domestic litigation process. An emerging question is whether Canadian courts can order Mareva injunctions in aid of foreign proceedings. Traditional English authority, recently confirmed by the Privy Council, says no. Yet Canadian courts take a different view, and are in the process of developing principles to guide the awarding of Mareva relief in aid of foreign proceedings. After a critical analysis of the debate, this article evaluates several recent decisions, argues in favour of such a power, and proposes a framework by which it should be exercised.