The appellant, a federally incorporated company, sought to transfer assets from Manitoba to its offices in Quebec or Ontario.
The respondents, who had an unliquidated damages claim against the appellant, obtained an interlocutory Mareva injunction restraining the transfer.
The Supreme Court of Canada allowed the appeal and set aside the injunction, holding that while superior courts have jurisdiction to issue Mareva injunctions, they are inappropriate where a resident defendant is rightfully removing assets to another part of the Canadian federal system in the ordinary course of business, absent a genuine risk of asset disappearance to avoid judgment.
