Nova Scotia Annotated Civil Procedure Rules

Part 10 - Temporary Remedies

Rule 42 - Preservation Order

Educational Notes

This Rule allows a party to move for an order preserving relevant evidence (such as an Anton Piller order under the previous R.37.04), property claimed in the proceeding, or assets that could satisfy a judgment (such as a Mareva injunction).

42.07 - Undertaking and award of damages

42.07 Undertaking and award of damages

(1)   A party who makes a motion for an order preserving evidence or property must file, with the ex parte motion or notice of motion, an undertaking to do all of the following:

(a)     indemnify a person who has an interest in the property that is the subject of the order for losses caused by the enforcement of the order, if a judge who finally determines the claim is satisfied that the order is not justified in light of the findings on final determination;

(b)     move without delay for an interlocutory injunction or interlocutory receivership, if the party successfully makes a motion for an interim injunction or interim receivership;

(c)     bring the party’s claim to a final determination without delay.

(2)   A judge may assess damages, and grant an order for judgment on an undertaking, after a claim is discontinued or dismissed.

(3)   A failure to proceed without delay may be dealt with under Rule 88 - Abuse of Process.

Index Terms
  • Damages awarded where motion for injunction not justified
  • Damages awarded where motion for preservation not justified
  • Delay in proceeding to next step, abuse of process
  • Failure to proceed without delay when temporary injunction, receivership, or preservation order granted
  • Failure to proceed without delay when temporary remedy granted
  • Indemnity for losses caused if preservation order not justified
  • Losses caused when preservation order not justified
  • Undertaking for motion to preserve evidence or property