Anton Piller Orders (ON)

Summary

This practice note discusses Anton Piller Orders in Ontario, which are extraordinary, usually ex parte remedies that permit the search and seizure of evidence from business or residential premises without authorizing forcible entry, while exposing non-compliant targets to contempt. It sets out the four prerequisites and offers practical guidance on preparation and execution: appointing an independent supervising solicitor (ISS); serving materials and explaining rights; allowing reasonable time to obtain counsel; narrowly defining the search scope and personnel; maintaining detailed inventories; and preserving and controlling access to seized materials. Finally, this practice note covers custody of evidence with the ISS, limited pre-discovery access by the plaintiff, reporting obligations, the defendant’s ability to vary or discharge the order, and the typical 10-day lifespan absent a court-ordered extension.