The Evolution of the Extraterritorial Mareva Injunction in Canada: Three Issues
Bibliographic record
Abstract
This article addresses three issues related to the expansion of the jurisdiction to grant Mareva injunctions in Canada. The first issue is the approach taken to Mareva injunctions sought in the absence of substantive proceedings. We argue that Canadian courts have adopted a position that unduly limits their ability to grant stand-alone Mareva relief, subjecting themselves to an illogical limitation. The second issue is the court’s jurisdiction to restrain the conduct of third parties holding a defendant’s assets. We argue that, contrary to recent developments in England, a better balance can be struck between binding third parties and respecting jurisdictional boundaries. The third issue is the territorial scope of freezing orders. We argue that for courts to issue Mareva orders restraining asset removal from Canada but otherwise permitting the free movement of assets within the country would better accord with the jurisprudence and the realities of Canadian federalism.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.015 | 0.010 |
| Scholarly communication | 0.010 | 0.002 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.006 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".