25.20   Requirements for grant of search order

(cf Federal Court Rules Order 25B, rule 3)

The court may make a search order if the court is satisfied that:

(a)  an applicant seeking the order has a strong prima facie case on an accrued cause of action, and

(b)  the potential or actual loss or damage to the applicant will be serious if the search order is not made, and

(c)  there is sufficient evidence in relation to a respondent that:

(i)  the respondent possesses important evidentiary material, and

(ii)  there is a real possibility that the respondent might destroy such material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the court.