Canada to firmly re-assess its status as a British colony

[HVC]

Also, when I was bumped from a recent Air Canada flight, I got $200, not $20000.

Should have complained in french

[Barrister]

I'll bet real money that you have never filed an application for Mandamus in your life.

You dont know much about the kind of law I practice then.

Answer the question.

Better still, how much do you wish to wager?

A beer the next time I'm in Vancouver.

[Malthus]

Hands up, who has made a Mareva injunction? 

[crazy canuck]

I'll bet real money that you have never filed an application for Mandamus in your life.

You dont know much about the kind of law I practice then.

Answer the question.

Better still, how much do you wish to wager?

A beer the next time I'm in Vancouver.

Ok, but make it an ale.

[crazy canuck]

Hands up, who has made a Mareva injunction? 

Drafting one as we speak....

Never had the chance to bring one yet though.

[garbon]

Seems to me that, for reasons of your own, you dislike the notion of official bilingualism

Well official bilingualism when haphazardly applied has to be annoying. It'd be hard to know as a french speaker if you'd be able to get decent service in your language.

[Malthus]

Seems to me that, for reasons of your own, you dislike the notion of official bilingualism

Well official bilingualism when haphazardly applied has to be annoying. It'd be hard to know as a french speaker if you'd be able to get decent service in your language.

This is an improvement over not getting any service in your language ... ?

[HVC]

Hands up, who has made a Mareva injunction? 

Did you make it in 12 parsecs?

[Malthus]

Hands up, who has made a Mareva injunction? 

Drafting one as we speak....

Never had the chance to bring one yet though.

Insider tip: beware the requirement to make 'warts and all' disclosure of the case against you at first instance. Very dangerous if the court thinks you didn't do it openly enough ... the Mareva could be discharged at the inter parties hearing & you get called on your undertaking in damages even if it is proved that the other side is in fact a pack of fraudulent scumbags (as is so often the case ...)

[garbon]

This is an improvement over not getting any service in your language ... ?

I could see how it might be.  All about the expectations.

[Barrister]

I'll bet real money that you have never filed an application for Mandamus in your life.

You dont know much about the kind of law I practice then.

Answer the question.

Better still, how much do you wish to wager?

A beer the next time I'm in Vancouver.

Ok, but make it an ale.

Deal.

So?

[Barrister]

Hands up, who has made a Mareva injunction? 

Drafting one as we speak....

Never had the chance to bring one yet though.

Insider tip: beware the requirement to make 'warts and all' disclosure of the case against you at first instance. Very dangerous if the court thinks you didn't do it openly enough ... the Mareva could be discharged at the inter parties hearing & you get called on your undertaking in damages even if it is proved that the other side is in fact a pack of fraudulent scumbags (as is so often the case ...)

My civil experience is pretty limited so I certainly never filed for a prerogative writ, but the 'full and frank' disclosure is also a requirement on an Information to Obtain for a search warrant, and is once of the most common forms of attacking a warrant.

[crazy canuck]

Insider tip: beware the requirement to make 'warts and all' disclosure of the case against you at first instance. Very dangerous if the court thinks you didn't do it openly enough ... the Mareva could be discharged at the inter parties hearing & you get called on your undertaking in damages even if it is proved that the other side is in fact a pack of fraudulent scumbags (as is so often the case ...)

Yeah, I have brought plenty of Ex Parte applications so the warts and all is nothing new.  The tricky part I am finding is being able to satisfactorily identify where the information is located (ie the location of the drives where the info is stored).  The challenges of the digital age.

[crazy canuck]

So?

You owe me an Ale.

Granted I normally defend against a Petition seeking an Order of Mandamus given the nature of my practice but I have brought such Petitions as well.  I think Malthus would be more on the issuing side.

[Malthus]

Hands up, who has made a Mareva injunction? 

Drafting one as we speak....

Never had the chance to bring one yet though.

Insider tip: beware the requirement to make 'warts and all' disclosure of the case against you at first instance. Very dangerous if the court thinks you didn't do it openly enough ... the Mareva could be discharged at the inter parties hearing & you get called on your undertaking in damages even if it is proved that the other side is in fact a pack of fraudulent scumbags (as is so often the case ...)

My civil experience is pretty limited so I certainly never filed for a prerogative writ, but the 'full and frank' disclosure is also a requirement on an Information to Obtain for a search warrant, and is once of the most common forms of attacking a warrant.

Difference with a Mareva is the financial stakes. A Mareva freezes the other guy's assets based on an ex parte application. You have to give an undertaking in damages to the court that you agree to pay *all* the other guy's damages resulting from that freezing, if the Mareva was improperly obtained. Being an undertaking to the court, failure to pay is contempt. If you don't present the weaknesses of your case, the Mareva is improperly obtained ...

The criminal law equivalent would be if a cop, seeking a warrant, had to promise that the guy being searched gets to rummage through the cop's own apartment and take whatever he fancied if the warrant was improperly obtained.