Injunctions, seizures and special procedures

Presentation
Representative work
Specialists

Presentation

Certain circumstances require special procedures to protect your company’s interests: a business partner breaches an agreement and puts your business in peril; a former employee appropriates commercial secrets or your client list to unfairly compete with you;; a director, officer or employee defrauds your company, etc.

In such situations, acting quickly and resolutely is key. Whether it is to obtain an injunction or safeguard order, a freezing order, a seizure before judgment, or an Anton Piller order (civil search), our lawyers have the experience needed and will act quickly to obtain immediate results.

Our team has considerable experience in claims involving the application of non-competition and non-solicitation clauses, having acted for plaintiffs as often as for defendants.

We have also developed an expertise in Mareva injunctions (freezing orders). These are increasingly used in divorce files, and we work closely with family law specialists to obtain or challenge such orders.

Our expertise and our reputation in this area are so well-established that our lawyers are often appointed by the Court to act as independent lawyer-supervisors in the context of Anton Piller orders (civil search), entrusted as such with the responsibility of ensuring the respect of the Court’s orders and the protection of the parties’ rights.

Representative work

Obtaining a pre-judgment seizure of an aircraft located in Quebec in the context of a request for the recognition of an arbitration award valued at approximately $100 million against the Federal Republic of Nigeria.
Obtaining a pre-judgment seizure of two Airbus aircraft under construction in the context of a request for the recognition of a foreign judgment exceeding $50 million against the United Republic of Tanzania.
Obtaining a pre-judgment third-party seizure and a Norwich order directed at an aircraft engine manufacturer in the context of proceedings for the recognition of a multi-million-dollar judgment rendered in the United States against a foreign airline.
Representation of the Fédération des Caisses Desjardins du Québec in a significant fraud case requiring the issuance of Anton Piller, Mareva, and Norwich injunctions, leading to several court decisions addressing the principles applicable to these types of orders.
Representation of a foreign bank in the context of a request for a worldwide Mareva freezing order against the bank’s debtor, as well as the pre-judgment seizure of the latter’s assets in Quebec.
Representation of a seller in the challenge of a pre-judgment seizure of two Boeing aircraft raising important issues of private international law.
Representation of a major industrial group in obtaining and executing Anton Piller, Norwich, and Mareva orders as a result of a fraud scheme orchestrated by an employee.
Representation of a manufacturing and retail company in obtaining a Norwich order to identify individuals responsible for issuing several fraudulent checks drawn on the company's account.
Obtaining a safeguard order against the purchasers of a cosmetics and health products manufacturer to prohibit the distribution of dividends and payments to related companies in the context of a claim for payment of a balance of sale price instituted by the company’s former shareholders.
Quashing a worldwide Mareva freezing order of several tens of millions of dollars issued against a client in the context of a divorce.
Representation of companies and individuals in obtaining Mareva injunctions, Anton Piller-type orders, and pre-judgment seizures, particularly in claims or defenses involving the application of non-competition or non-solicitation clauses, or in the context of fraud and other illegal schemes.