The Province sought reimbursement of over $5.2 million paid to fund the respondent's defence in a criminal trial.
In granting an Anton Piller order to search the respondents' properties for evidence of concealed assets, the chambers judge relied on facts found against the respondents in prior judicial proceedings.
The Court of Appeal set aside the order, ruling the prior findings inadmissible.
The Supreme Court of Canada allowed the appeal, holding that a judgment in a prior civil or criminal case is admissible as evidence in subsequent interlocutory proceedings as proof of its findings and conclusions, provided the parties are the same or were participants in the prior proceedings on similar issues.
The Court found the stringent test for an Anton Piller order was met.
