Lincoln Caylor: Canada court clarifies test for granting Mareva injunctions

An asset-freezing injunction can be an important tool in fraud recovery litigation. Because it must be obtained ex parte, that is, without notice to the alleged fraudster, the justice system treads very carefully in balancing the rights of the accused and the accuser. This has led to debate and some inconsistency in Canadian courts.

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Lincoln Caylor: What's the difference between notification injunctions and freezing orders

In Holyoake v Candy, a recent decision of the Chancery Division of the High Court of England and Wales, the court considered an application for a “notification injunction.”

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