Motions: Preservation Order (ON)

Summary

This practice note discusses the ability of the court to preserve property that is relevant to an issue in an action pending the determination of the issue or final disposition of the case. Rule 45 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules") sets out processes for three types of preservation orders: (1) preservation or sale of property under r. 45.01 of the Rules; (2) preservation or securing of a specific fund under r. 45.02 of the Rules; and (3) recovery of personal property held as security under r. 45.03 of the Rules. This practice note reviews the rules governing each of these three forms of relief, as well as the threshold test to be met for the court to grant these forms of relief. It goes on to provide practical tips for preparing motion material for a preservation order, including the notice of motion, affidavit and order.