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description Journal article public Journal of International Commercial Law and Technology

Thirty Years After: Anton Piller Orders and the Supreme and Federal Courts of Canada

Jeff Berryman
Published 2007

Abstract

Thirty years have passed since the creation of the Anton Piller order; an interlocutory order that allows aplaintiff to demand access to a defendant’s premises so as to search for infringing property and documents wherethere is a real threat that such evidence will be lost if the action was to commence in the normal way. During thepassage of this time, the Federal Court of Canada, which has a special jurisdiction over intellectual propertydisputes, has developed an innovative Rolling Anton Piller order that is of particular attraction to holders ofintellectual property. In July 2006, Canada’s highest appellate court had its first opportunity to rule on an AntonPiller order, although not a rolling order. This paper discusses some unintended consequences that the decision ofthe Supreme Court of Canada may have on rolling Anton Piller orders.

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