Anton Piller Order

Summary

This Anton Piller Order precedent provides an example Federal Court Anton Piller order to be requested on an ex parte motion and used in Canadian intellectual property enforcement matters (for example, trademark counterfeiting and/or copyright infringement). It includes model terms addressing the order’s commencement and duration, geographic scope for service/execution, appointment and duties of an Independent Supervising Solicitor (including plain-language explanation and the right to consult counsel), search/entry and delivery-up obligations, photographing and recording of the premises, disclosure of supplier/customer information, and procedures for handling electronically stored records and asserted solicitor-client privilege. It also includes non-disclosure provisions, custody and permitted use of seized items/records, restraining provisions, and the required post-execution court review process and undertakings. This precedent includes practical guidance and drafting notes