As I noted in my posts on
Mareva Injunctions and
Anton Piller Orders, seeking powerful remedies can be
risky.
Because these orders often sought ex parte, the
plaintiff must make full, fair and frank disclosure of all material
matters of which it has knowledge. The cost of improper disclosure
is steep. Failure to make proper disclosure may lead to the
injunction being dissolved and/or heavy adverse costs awards.
In Factor Gas v. Jean, an Ontario Superior Court judge
set aside an Anton Piller order which had authorized the search of
the defendant's home due to non-disclosure of facts on the
original ex parte motion and the failure of the applicant
to make proper inquiries prior to resorting to the motion. Finding
that the motion to obtain the Anton Piller order violated the
fundamental principles of obtaining ex parte orders, the
judge ordered a cost award against Factor Gas of a half million
dollars.
