When will seeking injunctive relief against a non-party amount to abuse of process? At what stage in a proceeding should that determination be made? The British Columbia Court of Appeal addressed these questions in Tangerine Financial Products Limited Parternship v. The Reeves Family Trust, the result being that it is easier, both substantively and procedurally, for non-parties to oppose such remedies on a preliminary basis.
In December 2012, RSP Generation Limited Partnership (“RSP”) bought the assets of Tangerine LP, which had previously been sold as part of a receivership proceeding. Among the assets sold was an investing strategy … Continue Reading