Not exact matches
It thereby (1) raises questions about reliability, cost, and stranded
assets, (2) will lead to an increased deployment of natural gas plants that will
freeze out renewables for a decade or more, and (3) imposes legal uncertainty that will cause resistance,
litigation, and bad short term decisions.
During the course of
litigation, Laiken obtained a very broadly worded ex parte Mareva order
freezing the
assets of Sabourin and other named defendants which included enjoining any others «with knowledge of this Order» to «prevent the sale, disposition, withdrawal, dissipation, sale, assignment, dealing with, transfer, conveyance, conversion, encumbrance or diminishment» of the
assets, specifically including money held in «trust accounts».
Stephen Smith is renowned for his work in civil fraud
litigation (typically claims for breach of fiduciary duty, deceit and misrepresentation), especially in connection with
freezing injunctions,
asset tracing, disclosure orders, jurisdictional and forum disputes, sham trusts and committals to prison for contempt of court.
He has extensive experience of commercial
litigation (including advisory work) in a wide variety of areas, both in the English Commercial Court (and on appears therefrom) and also domestic and international arbitrations, such as carriage of goods, sale of goods, fraud claims,
asset tracing, insurance and reinsurance, contractual and non-contractual termination, jurisdictional disputes, worldwide and other
freezing orders, anti-suit injunctions, arbitration disputes, service out of the jurisdiction, guarantee disputes, bills of exchange, and documentary credits.
Druces»
Litigation & Dispute Resolution team works in conjunction with the Business Turnaround, Restructuring & Insolvency team in acting for clients on a variety of insolvency processes, procedures and litigation including the service of statutory demands, the presentation of bankruptcy and winding up petitions, applications for and defending against asset - freezing injunctions or injunctions to prevent the presentation of bankruptcy and winding up petitions, actions in relation to preferences and transactions at an undervalue, and other associated insolvency
Litigation & Dispute Resolution team works in conjunction with the Business Turnaround, Restructuring & Insolvency team in acting for clients on a variety of insolvency processes, procedures and
litigation including the service of statutory demands, the presentation of bankruptcy and winding up petitions, applications for and defending against asset - freezing injunctions or injunctions to prevent the presentation of bankruptcy and winding up petitions, actions in relation to preferences and transactions at an undervalue, and other associated insolvency
litigation including the service of statutory demands, the presentation of bankruptcy and winding up petitions, applications for and defending against
asset -
freezing injunctions or injunctions to prevent the presentation of bankruptcy and winding up petitions, actions in relation to preferences and transactions at an undervalue, and other associated insolvency processes.
Interim and interlocutory injunctions and orders to
freeze assets, preserve the status quo pending the determination of
litigation, stay of proceedings, and to obtain and secure evidence.
In SFC
Litigation Trust v. Chan, 2017 ONSC 1815, the Divisional Court recently confirmed that worldwide Mareva injunctions may be used to
freeze the
assets of defendants present in Ontario even when they otherwise have no
assets in the province.
In August of 2014, SFC
Litigation Trust obtained in Ontario a worldwide Mareva injunction to
freeze Mr. Chan's
assets abroad.
• In terms of using Trusts to reduce Estate Duty, Capital Gains Tax, Executors Fees and other related costs upon death — this would remain intact (unaffected) • In terms of using Trusts to provide for a virtually seamless transition of wealth upon death to the next generation by avoiding
frozen Estate issues and bureaucratic delays — this would remain intact (unaffected) • In terms of using Trusts to reduce exposure to
asset loss through
litigation / divorce and so on — this would remain intact (unaffected) • In terms of using Trusts to reduce Income Tax using the «Conduit Principle» — this would not be possible any longer, but there are several other methods that can be used to reduce Income Tax.