Representing clients throughout Ontario.

Preemptive Remedies

Clients often need us to move fast to secure urgent relief to prevent the loss of business opportunities and goodwill, freeze stolen assets, encumber properties, prevent the ongoing mismanagement of companies they hold shares in, or resist the improper or premature enforcement of contractual rights. 

We have deep experience and repeated success in moving for, resisting and amending orders for injunctive relief, including Mareva (freezing) orders, Norwich (disclosure) orders, and Anton Piller (search and seizure) orders. 

We have also successfully moved for interim relief for:

– the appointment of Court-appointed officers under the Ontario Business Corporations Act;
– certificates of pending litigation over disputed property; and
– trespass injunctions and enforcement orders.

We are adept at marshalling the facts and law that matter to the Court when considering whether and how to grant extraordinary preemptive relief.

Reported Decisions

Lobanova v. Grynyshyn, 2019 ONSC 3064
– Resisted an injunction to stay an arbitration

Bruno-Manser-Fonds v. Royal Bank of Canada, 2018 ONSC 918
– Successfully resisted an application for a Norwich order in aid of an intended private criminal prosecution

Representative Work

– Obtained numerous Anton Piller orders to seize evidence or secure proprietary information where there is a risk of spoliation, destruction, or improper dissemination
– Successfully brought and resisted numerous injunctions relating to closely-held businesses in the context of disputes about the operation or ownership of the business
– Negotiated “status quo” orders or interim arrangements with respect to the conduct of a business where an injunction has been sought or threatened
– Obtained the appointment of an interim Monitor to supervise and safeguard business operations in the midst of competing oppression applications
– Successfully obtained a Mareva injunction to freeze the assets of a Nigerian national who misappropriated nearly $3 million from a landscaping and snow-clearing business
– Successfully moved to vary a Mareva injunction to release frozen funds for the payment of a defendant’s ongoing living and legal expenses
– Responded to a motion for a Norwich order to limit the terms and conditions under which a lawyer was required to disclose contents of a client’s mortgage file