Attachment Orders in Canada: Procedure and Substance

November 6, 2019

Daniel Murdoch, partner in Stikeman Elliott’s Litigation & Dispute Resolution Group, authored the Canadian chapter on attachment orders (freezing injunctions) in a cross-border comparison publication by Practical Law (Thomson Reuters).

This publication provides an excellent overview of the legal and equitable principles that govern freezing injunctions, with specific reference to the following topics, among others:

  • Attachment orders in aid of domestic and foreign proceedings;
  • Types of attachment order, including Mareva injunctions and statutory orders;
  • Procedure for applying for an attachment order, including disclosure requirements;
  • Asset classes that may be subject to an order;
  • Duration of an order;
  • Undertakings and security with respect to the possible failure of the underlying claim;
  • Situations in which orders may be unavailable; and
  • Enforcement, penalties and compensation.

We are pleased to be able to make this 10-page publication, which was co-authored by Vlad Calina, available for downloading.

DISCLAIMER: This publication is intended to convey general information about legal issues and developments as of the indicated date. It does not constitute legal advice and must not be treated or relied on as such. Please read our full disclaimer at www.stikeman.com/legal-notice.

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