How do I get an urgent injunction, Mareva order or certificate of pending litigation in Ontario?
Urgent relief requires a serious issue, irreparable harm and a favourable balance of convenience — with a Mareva freezing order demanding a strong prima facie case, full disclosure and an undertaking as to damages.
Interlocutory injunctions in Ontario are governed by the RJR-MacDonald test: a serious issue to be tried, irreparable harm that damages cannot repair, and a balance of convenience favouring the order. The moving party must also give an undertaking as to damages.
A Mareva injunction freezing assets is exceptional. It requires a strong prima facie case, evidence of assets in the jurisdiction and a real risk of dissipation to defeat a judgment. Because it is usually sought without notice, the moving party owes a duty of full and frank disclosure — including of facts that hurt its position. Non-disclosure is a common reason such orders are set aside on the return date.
A certificate of pending litigation is the land equivalent, available where the claim asserts an interest in specific real property. All of these require a complete evidentiary record assembled quickly.
Source: Courts of Justice Act, R.S.O. 1990, c. C.43, s. 101 · Rules of Civil Procedure, r. 40 and r. 42
This work is handled by Arjun Vishwanth (Civil litigation). Read more about civil litigation at VK Law Group, or send us the facts and we will tell you where you stand.
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