As discussed in my last blog post, the Supreme Court of Canada
articulated the four essential conditions that must be met for
granting an Anton Piller order in the landmark Celanese Canada
Inc. v. Murray Demolition Corp decision. Recognizing the
intrusive nature of the remedy, the Supreme Court also established
firm guidelines for the implementation of Anton Piller orders.
These guidelines are meant to afford basic protection of the
rights of the parties, particularly solicitor-client privilege
which may apply to certain documents. They also reflect the fact
that the purpose of an Anton Piller is to prevent evidence from
being destroyed, not to enable a "fishing expedition" or
allow the plaintiff to gain an advantage in the litigation.
Some of the required elements identified by the Supreme Court to
successfully execute an Anton Piller order include the
The scope of the order should be no wider than necessary.
The order should be carried out during regular business hours
by a specified number of persons identified by name, and in the
presence of the defendant or a responsible employee of the
The plaintiff should provide an undertaking and/or security to
pay damages in the event that the order is wrongfully
No materials should be removed unless pursuant to the order,
and any materials seized must be returned as soon as
A detailed list of all evidence seized should be made and
verified by the defendant.
Central to the Celanese guidelines is the Independent
Supervising Lawyer (the ISL), a lawyer appointed by the order who
is responsible for the enforcement of the Anton Piller order in
accordance with these principles. The role of the ISL is to:
act as a neutral officer of the court,
explain the order to the defendant, particularly pending the
defendant obtaining its own legal advice
supervise the search for and seizure of evidence from the
protect against the disclosure of apparently privileged
provide a report to the court detailing the execution of the
order including who was present and what evidence was seized;
aid the court and counsel for all parties in technical
The ISL is key to the proper execution of an Anton Piller order
and the avoidance of costly errors. In my next blog post, I will
turn to the importance of proper disclosure.
Under the Income Tax Act, the Employment Insurance Act, and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions or GST.
Under the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions.
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