When you have a high stakes emergency family law case, you need the best without notice family orders lawyers. These orders may include section 91, injunctions under the Supreme Court family rules and worldwide Mareva injunctions. It makes good sense to hire the Best Without Notice Family Orders Lawyers when the case involves millions and/or involves international assets and you want to make sure money does not go missing. We also recommend that you hire lawyers who are fluent in your native language such as Cantonese and Mandarin. Conversely, if you need a top family lawyer with experience on large financial files, and lawyers who set the law in BC for family law Mareva injunctions check out our legion of wins in the BCSC, BCCA and Supreme Court of Canada. Mareva injunctions are rare in family matters but critical in international family law property cases. A Mareva injunction freezes a defendant’s assets to avoid their dissipation and to enable a judgment to be later satisfied.
Our high net worth divorce lawyers are rare and worth every penny. Many times, clients want to make sure family income and family property don’t go missing or get transferred to new partners. Clients should wisely seek the best without notice family orders lawyers to obtain protection orders in family violence situations and to stop family property and income from being disposed of or diverted to defeat a spouse’s claims. If you need to divide family business income and protect multimillion dollar assets around the world you need to hire MacLean Law’s Contact renowned family lawyer Lorne Maclean, QC or any of our top 22 lawyers across Canada. We will freeze family assets and get the money you need for you to pursue your just claims.
Best Without Notice Family Orders Lawyers
MacLean Law has established the rules to help other BC family lawyers ensure their clients family law claims are not defeated. In Devathasan we obtained a rare World Wide Mareva restraining order to ensure our client was fully protected in a case involving over 50 million of assets and obtained an interim advance of $800,000 for our client. On top of the precedent setting win in Devathasan we also obtained freezing orders on family business income for clients and capped withdrawals from the business to be able to enable them to successfully pursue their multi-million dollar claims.
See more wins by Maclean law on the issue in Pippen by our Kelowna office. In the leading case of Devathasan, we froze 50 million in assets and then set a record for interim and permanent child support of over $116,000 a month as well as protecting our clients claim to worldwide assets.
Hiring a law firm like Maclean Law with a storied record of the biggest family law wins will benefit you. You need a lawyer who has a history of winning files like yours.
Vancouver Best Without Notice Family Orders Lawyers
Our Best Without Notice Family Orders Lawyers act across Canada. Contact us immediately before your spouse does.
How Do I Freeze Assets in My family Case?
In cases of urgency or in extraordinary circumstances, an application for a pre-trial emergency order may be made without notice under Supreme Court Family Rule 12-4(3). Counsel must provide all of the facts of the case including the pros and cons or they risk their restraining order being set aside.
In Kapoor v. Makkar, 2020 BCCA 223, the court stated with respect to without notice orders (at para. 11):
A “without notice” order is an extraordinary, powerful, interlocutory remedy which is recognized as having the potential to inflame a dispute between parties in fraught situations or to produce potential injustice when made on incomplete submissions that generate a wrong understanding of the circumstances. To protect against avoidable damage to the litigants or the litigation process, while retaining this valuable judicial response for emergency situations, procedural safeguards … are usually employed. These may include a true interim term establishing the duration of the order, or a term providing a return date by which an opportunity is given to the other party to be heard without their filing a fresh application, and a term requiring service, by a time certain, of all materials that were before the judge on the application, along with a copy of the entered order. On occasion even short notice, or even informal notice, will serve to alleviate some of the offence that may be taken from the presentation to a party of an order obtained against them without notice. There is, of course, a time and place for without notice orders, but … to the extent possible when a without notice order must be made, these time honoured safeguards should be employed vigorously
Setting Aside Ex Without Notice Orders
We have experience in obtaining ex parte orders that freeze assets but also in setting aside improperly obtained without notice restraining orders.
Cases such as Cyr v. Cyr, 1996 CanLII 2828 (BC SC) (Master) highlight the difficulty a spouse may have in overturning a restraining order made without notice, even where the court holds that the order is not strictly necessary. In Cyr, the restraining order was continued in order to allow a “cooling off” period. See also P.F. v. J.T.F., 2021 BCSC 1506 (Master), an application to set aside an ex parte protection order. The court upheld the order but commented that the application ought not to have been on a without notice basis in the first place.
In Devathasan we established how smart lawyers put all the evidence in front of the court to ensure the without notice ex-parte order is bulletproof. You need to hire a lawyer who sets the law on this difficult issue of because you deserve the best legal representation. If you are looking for the Best Without Notice Family Orders Lawyers we think you deserve one of MacLean Law’s top family lawyers, don’t you agree?
