In Ontario, there are a couple of noteworthy cases.
Azzarello v. Shawqi, 2015 ONSC 6914: In this case, the Ontario Superior Court of Justice granted a Mareva injunction to the plaintiff in a real estate fraud matter. The defendant had allegedly defrauded the plaintiff by misappropriating funds intended for the purchase of a property. The court found that there was a serious issue to be tried and a real risk of dissipation of assets. It concluded that a Mareva injunction was necessary to prevent the defendant from disposing of his assets, including real estate, pending the outcome of the legal proceedings.
Temple Insurance Company v. Sazwan Realty Inc., 2009 10442 (ON SC): In this case, the Ontario Superior Court of Justice considered the application of a Mareva injunction in a real estate fraud matter involving a mortgage scheme. The court granted the injunction, restraining the defendants from disposing of or dealing with their assets, including real estate properties. The court emphasized the importance of preserving assets to satisfy potential judgments and prevent the defendants from dissipating their assets to the detriment of the plaintiffs.
Brian Madigan LL.B., Broker