Loopstra Nixon Obtains $32.5 Million Canada-Wide Mareva Injunction from the Supreme Court of British Columbia

On March 11, 2026, the Supreme Court of British Columbia granted a Mareva injunction involving approximately $32.5 million in Wild Timber et al v. XCMG Canada et al.

A Mareva injunction, also known as an asset freezing order, is an extraordinary remedy that prevents a defendant from dissipating or transferring assets pending the resolution of litigation. Such orders are granted sparingly and are intended to preserve assets where there is a risk they may otherwise be moved beyond the reach of the court.

The Plaintiffs allege fraudulent schemes concerning serial-plate tampering on heavy equipment for use in the forestry and mining industries, along with related financial improprieties, including alleged fraudulent inducements to investors. These allegations have not yet been proven in court.

The order generally enjoins the manufacturer’s Canadian subsidiary, XCMG Canada Ltd., from dissipating assets, including inventory, from any jurisdiction in Canada. It further expressly prohibits other XCMG affiliates and others from participating in any such transactions, including financing them.

The injunction preserves assets across Canada pending the determination of the underlying claims.

Alan S. Cofman and Mattison MacRae Chinneck acted for Wild Timber Industries and others. Loopstra Nixon’s Litigation and Dispute Resolution Group regularly represents clients in complex fraud, asset recovery, and injunction proceedings across Canada.