Area of Law: Fraud and Fraud Recovery
Answer # 1544
Mareva injunction processRegion: Ontario Answer # 1544
Before going to trial, a fraud victim may decide to make an application for a Mareva injunction in order to freeze the fraudster’s assets. This is done in order to prevent fraudsters from dissipating (spending) their assets.
The general process to obtain a Mareva injunction includes:
- Filing the Statement of Claim,
- Filing the ex parte motion,
- Appearing in Court on the motion and asking for an interim injunction (temporary injunction),
- Appearing in Court for an interlocutory injunction (which is valid until trial or the case is settled).
As part of these steps, there are a number of other things that must be done, such as drafting affidavits, acquiring supporting documents (for example, bank statements) and obtaining witness testimony.
Also, many other steps may be required depending on facts discovered during the investigation, documents filed by the fraudster and the arguments raised in the defence. For example, the investigation may uncover additional assets that the fraudster tried to hide, or the fraudster might not comply with the Mareva injunction. In such cases, the fraud victim’s lawyer may have to make further motions to the Court, such as to obtain a contempt of court order.
If you discover you are a victim of fraud, it is a good idea to contact a fraud recovery expert for advice.
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