J. Wang

The defendants brought a motion to vary a Mareva injunction but abandoned it shortly before the hearing.

The plaintiff sought costs thrown away for the abandoned motion.

The court awarded the plaintiff $7,500 in costs, finding the defendants' conduct unnecessarily lengthened the proceedings.

The plaintiff's cross-motion for non-party production and examination was directed to be brought before an associate judge.

The plaintiff brought a motion to set aside previous orders dismissing his request for a Mareva injunction and sought a Mareva injunction and an order for the preservation of property.

The dispute arose from an informal loan agreement where the plaintiff advanced funds in Chinese currency in exchange for repayment in Canadian dollars.

The court set aside the previous orders based on new evidence obtained during cross-examinations, where the defendant admitted owing $2,220,000.

The court found a strong prima facie case and a real risk of asset dissipation given the impending sale of the defendant's home.

The Mareva injunction was granted subject to the plaintiff providing an undertaking as to damages, but the motion for preservation of property was dismissed.