Commercial Litigation Glossary of Terms

Anton Pillar Order

An injunction order empowering a party (usually with the assistance of law enforcement) to seize evidence from another party, including documents, records, servers, and storage methods. Anton Pillar orders are often used where there is a risk of a party concealing or destroying evidence.

Builder’s Liens

A claim filed against the title to land or buildings to secure a party’s right to payment for materials, services or labour delivered as part of a construction project. In British Columbia, the Builders Lien Act requires most builder’s liens to be filed within 45 days after a Certificate of Completion is issued for the contract for materials/services/labour that entitles the filing party to payment.

Mareva Injunction (Freezing Order)

An injunction order freezing a party’s assets and, in some cases, requiring the party to disclose their assets’ location. Sometimes referred to as “freezing orders”, Mareva injunctions are used to trace the location of stolen funds.

Norwich Order

An order compelling a third party (not a party to the court action, often a financial institution) to provide information, often about entities or assets involved in misappropriation or theft of funds.

Oppression Remedy

A court-granted remedy to address unfair or abusive conduct by a corporation’s stakeholder(s). An example is a court order that restrains majority shareholders from acting in a prejudicial or discriminatory manner toward the corporation’s minority shareholders.

Partition of Property Act

A law in British Columbia governing the ability of a property co-owner (or joint tenant or other party with an interest in a property) to force the division or sale of the real estate/property.

Specific Performance

A court-ordered legal remedy that requires someone to take a particular action. Orders for specific performance are most commonly used to force a party to fulfil their obligations under a contract, such as a Contract of Purchase and Sale for real estate.