CIVIL PROCEDURE - Judgments and orders - Interim declarations - Interlocutory or interim injunctions - Undertaking as to damages

Law360 Canada ( February 11, 2025, 9:27 AM EST) -- Appeal by Pannu from chambers judge’s decision not to require Director of Civil Forfeiture (Director) to give undertaking as to damages upon granting Interim Preservation Order (IPO) sought by Director. The Director commenced civil forfeiture proceedings against Pannu, a registered owner in fee simple of an interest in property. It was alleged that Pannu and the other defendants engaged in unlawful acts to facilitate foreign nationals in obtaining immigration status in Canada, that the property was used to engage in those unlawful activities, and that some or all the funds used to acquire and/or maintain the property were proceeds of the unlawful activity alleged and/or tax evasion in breach of the Income Tax Act. Pannu specifically denied any involvement in or knowledge of any unlawful activity. He did not oppose the granting of the IPO but sought as a term of any order a requirement that the Director give an undertaking as to damages. He adduced no evidence of specific irreparable harm. The Director contended that the question on this appeal was not when an undertaking as to damages might theoretically be appropriate, but whether the judge erred in refusing to make that discretionary order....
LexisNexis® Research Solutions

Related Sections