Thursday, January 16, 2014

Variations to Mareva Orders properly brought to Superior Court and not Appeal Court

First Majestic Silver Corp. v. Davila, 2014 BCCA 11 deals with a Mareva Order that parties sought to vary. Such is common and the question arise, is the amendment better as part of an appeal or a variation at the Superior Court level?  British Columbia seems to hold the Superior Court:

[47]        As is evident from my analysis, I am of the view the Variation Order strikes a reasonable balance in a fluid situation, pending further disclosure by the defendants and greater certainty as to whether their appeal will proceed. As more information becomes available, the Supreme Court is the proper forum to deal with an application to vary that order. I am not persuaded the interests of justice would be served by granting either application for leave to appeal the Variation Order.

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