Injunctions

Especially in the course of business relationships, injunctions are a powerful tool to either require someone to (i) do something (mandatory injunction), (ii) refrain from doing something (a prohibitory injunction), (iii) freeze the assets belonging to someone (Mareva injunction), or (iv) some combination of the above.

We have a proven track record of securing all of the above for our clients, including against foreign parties. Enforcing an injunction represents a critical and challenging step, oftentimes engaging third parties to assist in the process. We therefore specifically design our injunction requests to engage a route of enforcement that is most effective and least costly for our clients. We collaborate diligently with third parties who can assist in carrying out the injunction, using our established network to expedite the process.

Mareva injunctions are commonly given worldwide effect by Canadian courts to allow attachment to global assets of a defendant to prevent them from dissipating assets while court proceedings unfold. Accordingly, it is common for the moving party to first seek a Norwich order to obtain as much disclosure in relation to potential assets for attachment to the Mareva injunction.

Obtaining and enforcing injunctions requires complex civil procedure and the litigators at Delex LLP have a proven track record of navigating these complexities towards a successful outcome for our clients.