The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  ·

Anton Piller orders require “compelling evidence” to establish dishonesty and a real possibility that a party will destroy evidence

The rules governing examinations for discovery require litigants to disclose all documents relevant to a particular action to their opponent subject to considerations of solicitor-client privilege, litigation privilege, and settlement privilege.  These rules rely on the good faith of the parties not to conceal or destroy any relevant documents.  When, however, a party suspects that the other may destroy evidence, it can ask the court for what is called an Anton Piller order without prior notice to its opponent.  Such an order compels the party subject to the order to allow access to its premises to search and seize documents ... [more] Full article

Lawyer forces TD Bank to release trust funds

A Toronto real estate lawyer was successful recently in forcing the Toronto-Dominion Bank to release funds held in his trust account after the bank wrongly purported to freeze his account to recoup its loss from a fraudulent cheque that had been drawn by another of the lawyer's clients and deposited into the trust account. [more] Full article

Remedies for Emergency Relief Contributors