The plaintiff, Denise Asselin-Kowalsky, brought a motion for an interlocutory worldwide Mareva injunction against the defendants, Mark Kowalsky and Catherine Kowalsky, to prevent them from dissipating assets.
The court granted the injunction, finding that the plaintiff had made full and frank disclosure, established a strong prima facie case, demonstrated that the defendants possessed assets within the jurisdiction, and showed a real risk of those assets being removed or disposed of.
The plaintiff also provided an undertaking as to damages.
The court also addressed costs, finding the plaintiff entitled to costs on a partial indemnity basis.
