New test for preservation of property as evidence during litigation

By Brian Radnoff and Jacky Cheung ( April 16, 2021, 1:38 PM EDT) -- Interim preservation of property during litigation is dealt with under Rule 45 of the Ontario Rules of Civil Procedure. Under this rule, parties can move for preservation of any property “in question” or “relevant” to a proceeding. In other words, the property sought to be preserved can be the subject matter of the litigation, such as a fund or asset over which ownership is disputed, or property that is relevant to a determination of the claim, such as evidence....