Find a Lawyer

Rueters LLP lawyers obtain leave to appeal from a decision of the Superior Court concerning worldwide Mareva injunctions

Rueters LLP lawyers Robert Rueter, Sara Erskine, and Malik Martin successfully obtained leave to appeal to the Divisional Court from a decision of the Superior Court of Justice concerning the Court’s power to grant Mareva injunctions against non-resident defendants, the requirement that a party seeking a Mareva injunction provide an undertaking as to damages, and the adequacy of a non-resident, non-party’s indemnification as security for costs of an action.

In a detailed endorsement, L.A. Pattillo J. held that there is good reason to doubt the correctness of the decision: (1) regarding whether the Court should expand its jurisdiction to issue a worldwide Mareva injunction where the defendant is non-resident and has no assets in Ontario; (2) regarding the sufficiency of the plaintiff’s proposed undertaking as to damages, which took the form of an indemnification from a non-resident, non-party to the proceedings; and (3) the plaintiff’s security for costs of this action, which was based on that undertaking.  See Borelli v. Chan, 2016 ONSC 3226 (CanLII).

Malik Martin
Malik Martin

Malik practices commercial and civil litigation at Rueters LLP.