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Frozen but Available: The Limits of a Mareva Injunction

By Anastasija Sumakova | WeirFoulds LLP | FEBRUARY 15, 2018
In the recent decision Trade Capital Finance Corp. v Cook, the Ontario Court of Appeal considered a claim of a non-party creditor over the defendant's funds that were subject to a Mareva injunction. While the decision focuses on a specific aspect of a Mareva injunction, as discussed further below, it serves as a reminder of how this equitable remedy can be obtained and used in commercial litigation, and of the limits of this remedy.