Enforcement Of Anton Piller Orders

As discussed in my last blog post, the Supreme Court of Canada articulated the four essential conditions that must be met for granting an Anton Piller order in the landmark Celanese Canada Inc. v. Murray Demolition Corp decision. Recognizing the intrusive nature of the remedy, the Supreme Court also established firm guidelines for the implementation of Anton Piller orders.

These guidelines are meant to afford basic protection of the rights of the parties, particularly solicitor-client privilege which may apply to certain documents. They also reflect the fact that the purpose of an Anton Piller is to prevent evidence from being destroyed, not to enable a "fishing expedition" or allow the plaintiff to gain an advantage in the litigation.