What You Need to Know About Mareva Injunctions and Fraud Cases in Ontario
Posted on November 25, 2024
Fraud cases in Ontario remain a prevalent issue; whether you've been implicated in a fraud suit or criminal case or you've been a victim of fraud and are pursuing charges, you'll find that being affected by fraud can have serious financial and reputational consequences. Victims of fraud such as Ponzi schemes and credit card fraud often struggle to recover financial losses and are challenged by shame. On the other hand, accused parties face complex legal challenges that can leave their lives in limbo. One powerful tool in the fight against fraud is the Mareva injunction, a legal mechanism designed to freeze the assets of a defendant suspected of fraudulent activity. If you're navigating a fraud case, understanding Mareva injunctions and securing the guidance of a skilled fraud lawyer can make all the difference.
To navigate a fraud case with skill and effectiveness, contact the Karrass Law team to book a legal consultation. Our team of criminal defence lawyers and civil litigation lawyers is equipped with the experience and expertise to support you and represent your best interests.
If you've been touched by fraud, here's what you should know about Mareva Injunctions in Ontario.
What Is a Mareva Injunction?
A Mareva injunction is a court order that temporarily freezes a defendant's assets. This prevents them from dissipating, hiding, or transferring their property to avoid paying potential damages or judgments. Often referred to as a "nuclear weapon" of civil litigation, this injunction is a powerful remedy, but it is only granted under strict conditions.
Mareva injunctions are typically used in fraud cases where there is a significant risk that the defendant may try to move assets out of reach.
When Are Mareva Injunctions Used?
To secure a Mareva injunction, the plaintiff and the fraud lawyer must convince the court of two key points:
- There Is a Strong Case of Fraud: The plaintiff must show a strong case of fraud, supported by credible evidence that the defendant engaged in fraudulent behaviour.
- A Real Risk of Asset Dissipation: There must be evidence suggesting the defendant might transfer or hide their assets to avoid accountability.
If you suspect fraud and need to protect assets, get started by booking a complimentary legal consultation with our experienced fraud lawyers at Karrass Law. Our civil litigation lawyers can assess your case, gather evidence, and guide you through the complex process of applying for a Mareva injunction.
How Mareva Injunctions Protect Victims of Fraud
Mareva injunctions are designed to protect the victims of fraud by ensuring that any affected assets remain available for judgment and restitution when applicable. The Mareva injunction stops defendants from moving funds, selling properties, or hiding assets during the legal proceedings. They can also help ensure that victims of fraud recover their financial losses when assets are frozen.
However, if a Mareva Injunction is deemed unjustified later on in the proceedings, the plaintiff is typically required to provide an undertaking as to damages. This legal obligation acts as a safeguard to ensure that defendants are compensated if the injunction is later found to have been improperly granted or unjustified. To learn more about whether it's in your best interest to proceed with a Mareva Injunction, talk to Robert Karrass and the Karrass Law team about the personal details of your case.
What to Do If You've Been Affected by a Mareva Injunction
If you've been negatively affected by a Mareva Injunction wrongfully granted, it can result in loss of income and reputational harm, in which case you will need the support of a skilled civil litigation lawyer and fraud lawyer.
Defending against a Mareva Injunction involves challenging the legal and factual basis upon which the injunction was granted. If you're facing such an injunction, engaging a skilled criminal defence lawyer or a civil litigation expert is crucial to mount an effective defence. In some cases, you can even pursue a counterclaim to recover damages and losses that were a direct result of the Mareva Injunction.
Why You Need a Skilled Fraud Lawyer at Karrass Law
Mareva injunctions are a powerful but intricate tool in fraud cases. To ensure that Mareva Injunctions are being leveraged in your best interest, seek the advice of experienced civil litigation lawyers. At Karrass Law, our knowledgeable fraud lawyers provide legal advice, guidance, and advocacy for your best interests. From preparing the application to presenting evidence and managing ongoing litigation, our expertise ensures that your rights and interests are fully protected.
To learn more about Mareva Injunctions and fraud defences, contact Karrass Law.