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Whelton Hiutin LLP Successfully Sets Aside Mareva Injunction and CPL

Whelton Hiutin LLP lawyers Richard Macklin, Wei Jiang, and articling students Arlene Campbell and Shae Lynn Chung were recently successful in setting aside Mareva and CPL orders obtained in a commercial dispute. The orders at issue were wide-reaching orders freezing bank accounts and preventing the sale of property. The Court found that the plaintiff VPC Group Inc. had failed to make fair disclosure when it initially obtained the orders without notice to the defendants. The Court noted “there has been far from full and fair material disclosure” and held that even if fair disclosure had been made, the orders would be lifted in any event as VPC had failed to meet the requirements for obtaining such drastic orders.