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ARTICLE · 06 NOVEMBER 2017

The Good, The Bad And The Ugly: Candour In Ex Parte Applications

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A recent decision by the ABCA reminds us that counsel must take care to provide a balanced view of both sides and not overreach in their asks when seeking an ex parte application, ...

CanadaLitigation, Mediation & Arbitration
Munaf Mohamed
Munaf Mohamed
Michael Mysak
Michael Mysak
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Co-authored by Raphael Jacob, Articling Student

A recent decision by the Alberta Court of Appeal (ABCA) reminds us that counsel must take care to provide a balanced view of both sides and not overreach in their asks when seeking an ex parte application, lest the court set aside the sought orders entirely. In Secure 2013 Group Inc v Tiger Calcium Services Inc, 2017 ABCA 316 [Secure 2013 Group], the ABCA set aside a number of ex parte Mareva injunctions, attachment orders and Anton Piller orders against 14 parties for issues related to disclosure, overreaching terms and delay in seeking relief.

In Secure 2013 Group, the plaintiffs commenced an action against six individuals and seven corporations following their acquisition of a 67% controlling interest in Tiger Calcium Services Inc [Tiger]—one of the largest manufacturers of calcium chloride products in Western Canada. Smokey Creek, owned by two of the defendants, continued to own the remaining 33% interest of

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