Notice of Application (Mareva Injunction) (AB)

Summary

This precedent is an ex parte Notice of Application, brought without notice under the Alberta Rules of Court, Alta. Reg. 124/2010 ("Rules"), r. 6.4, for an order pursuant to the Judicature Act, R.S.A. 2000, c. J-2, s. 13(2), granting an interim Mareva injunction to prevent a defendant from dissipating assets. This precedent has been prepared in accordance with Application (Form 27) of the Rules, Schedule A, and includes practical guidance, drafting notes, and alternate clauses. The Rules, r. 1.3, confirm that remedies referred to in the Judicature Act may be awarded (r. 1.3(1)(a)), and that these may be ordered even if the remedy is not claimed in the underlying action (r. 1.3(2)). Application for an interim injunction can be made under the Rules, r. 6.4, without notice to the person against whom it is sought on grounds that notice would defeat the application's purpose and might cause undue prejudice to the applicant. To obtain Mareva injunctions in Alberta applicants must show: 1) a ...