The plaintiff, Thomas McNamara, as Receiver of Zippy Cash LLC and Z Cash LLP, brought an ex parte motion for a Mareva injunction and a Norwich order against the defendants, Duane Tough and Karen Ann English.
The plaintiff alleged that Duane Tough breached a Nevada Receivership Order by transferring over USD $4.2 million from receivership entities' accounts into his personal accounts, including approximately USD $570,000 into CIBC accounts held by the defendants in Ontario.
The court granted the Mareva injunction to freeze the defendants' CIBC accounts and ordered disclosure of banking information via a Norwich order, finding a strong prima facie case, risk of asset dissipation, irreparable harm, and that the balance of convenience favored the plaintiff.
The court also ordered the defendants to provide sworn statements and attend cross-examination.
