The plaintiff, AstraZeneca Canada Inc., applied for a Mareva injunction against the defendants, alleging a sophisticated fraud scheme involving duplicate claims and inflated drug reimbursements under AstraZeneca's patient programs.
The court found a strong prima facie case of fraud based on multiple suspicious factors, including a significant presence of duplicate claims, a large spike in reimbursement volumes, unusual drug claim patterns, lack of corresponding drug purchases, and frustrated audit attempts.
Applying the five requirements for a Mareva injunction, the court found full and frank disclosure, fulsome particulars of the claim, sufficient assets in Ontario, and a serious risk of asset dissipation due to the defendants' evasive actions (e.g., avoiding audits, sudden business closure, sale of an expensive car, and travel).
The balance of convenience favoured the plaintiff, and there was a risk of irreparable harm without the injunction.
A worldwide injunction was granted against the individual defendants and most corporate defendants, with Shepherd RX Pharmacy Inc. temporarily excluded due to insufficient evidence at this stage.
