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).