Marlowe v Barlas

canada, canadian, case law, court opinion, canlii, ntca, 2026nwtca2, 2026 nwtca 2 (canlii), 2026, nwtca, 2, (canlii), a-1-ap-2025-000002, 2026, procedure, mareva injunction, variation, credit valley test, application to vary mareva order to release further funds, balancing competing interests where remaining restrained assets were proprietary, discretionary decision entitled to deference, kroontje v q private jets limited partnership, appeal dismissed, procedure, mareva injunction, legal costs, whether restrained proprietary funds can be released to pay past legal fees, distinction between outstanding and ongoing fees considered, gemba fund one llc v tolosa development corp, equities weighed against retrospective reimbursement, mauldin v cassels brock & blackwell llp, caja paraguaya de jubilaciones v obregon cited, appeal dismissed, procedure, mareva injunction, living expenses, whether further restrained funds should be released for additional living expenses, threshold need and access to other assets assessed under credit valley, finding that sufficient funds had already been released for reasonable daily living needs, refusal to vary mareva order for additional living expenses upheld, appeal dismissed, procedure, mareva injunction, discretion, whether chambers justice could consider oppression decision findings and strength of pending appeal, relevance of strength of claim and arguable rebuttal in equitable balancing, credit valley and gemba fund, appeal assessed as arguable but not strong, no error in weighing equities based on those findings, appeal dismissed