924 THE ADVOCATE
VOL. 76 PART 6 NOVEMBER 2018
Anton Piller order—in cases involving video arcade games and the overtaking
of Mr. Pac-Man by Ms. Pac-Man).4
Crerar himself sets out his purpose with clarity in the opening pages.
This is not a replacement for Sharpe’s Injunctions and Specific Performance,5
nor for Gee’s Commercial Injunctions;6 rather, it is crafted as a companion for
the high-stakes applications for the orders that give the book its name.
“Attaining and responding to Mareva and Anton Piller orders will, by their
very nature, be a race against the clock. … This book … is designed for
urgent court applications … for quick gathering of the law and presentation
in court.”7 However, the author gives himself some leeway to showcase his
inner legal historian and fortune teller—the introductory chapter offers a
surprisingly thorough overview of the origins and development of Mareva
and Anton Piller orders in the United Kingdom and Canada, along with musings
about their future.
This text achieves its purpose. It allows a comparison of the law in each
Canadian jurisdiction at a flash. Who knew, without checking, that the availability
and form of an Anton Piller order are codified in some jurisdictions
but not others and that the test for a preservation order varies slightly
between provinces? And, for the non-B.C. practitioner, Crerar reminds us
that B.C.’s courts have taken a rather different and more liberal tack when
dealing with Mareva orders—we are “an outlier, or pioneer”, and even here
“rejected” by Alberta.8 Crerar has a special talent for driving to the heart of
the matter and anticipating those questions you did not see coming: Does a
given international jurisdiction issue or recognize Mareva orders, and what
is the test, and how is it applied? (Crerar has the answer for more than eight
jurisdictions in only eight pages);9 from whence does the jurisdiction to
issue Anton Piller orders arise? (Crerar reminds you);10 what are the factors
relevant to deciding whether to rescind an ex parte order for material nondisclosure?
(there are four).11 He even uses language that will help you
sound smooth and sophisticated in front of a tough judge, rather than bumbling
and uncertain. Full cites are provided each time a case is referenced—
while the style guide purist may scorn this practice, the rest of us mortals
are deeply grateful not to be hunting backwards for the reference supra (or,
heaven forbid, forwards for the reference infra).
Crerar is fond of lists. Seven indicia of risk of asset dissipation are
described, as are seven badges of fraud that may indicate a fraudulent conveyance.
12 Similarly, factual scenarios that do or do not satisfy the “ordinary
course of business” exception are summarized in list form.13 Crerar identifies
12 types of civil proceedings that have given rise to Mareva relief.14 If
you like narrative in your texts, this feature may not endear Crerar’s text to