Question 1

How can cryptocurrency be frozen in Canada?

Accepted Answer

In Canada, cryptoassets may be restrained through civil court orders — such as Mareva injunctions (freezing orders) and preservation orders under provincial rules of court — through restraint orders in criminal proceedings under the Criminal Code, through provincial civil forfeiture legislation, or through an exchange's own compliance hold. Each route is distinct, and the precise scope depends on the order, the legislation and the province or territory involved.

Question 2

What is a Mareva injunction?

Accepted Answer

A Mareva injunction is a court order that restrains a person or entity from dealing with assets, including funds in bank accounts, while a legal claim or investigation proceeds. Canadian courts grant these orders only where specific legal tests are met. Whether one applies in your situation is a question for a qualified lawyer.

Question 3

Why might cryptocurrency become inaccessible?

Accepted Answer

Assets may become inaccessible because of a court order, an exchange's own compliance review, a platform restriction, a security incident or a dispute. Identifying which of these applies is an important first step.

Question 4

Does a freezing or restraint order establish guilt?

Accepted Answer

No. A freezing or restraint order is generally a precautionary measure. It does not, by itself, establish wrongdoing or prove that every affected asset is connected to unlawful conduct.

Question 5

What documents should I gather?

Accepted Answer

Useful material may include the order and any accompanying papers, exchange and bank statements, wallet addresses, transaction IDs, records showing how assets were acquired, and relevant correspondence. Never share seed phrases, private keys or passwords.

Question 6

Can a freezing or restraint order be challenged?

Accepted Answer

Depending on the circumstances, there may be routes to vary or set aside an order or to contest further proceedings. Whether any route is available is a matter for a qualified lawyer in the relevant province or territory.

Question 7

Can essential living or business expenses be considered?

Accepted Answer

In some cases, applications can be made for the release of funds to meet reasonable living, business or legal expenses. A lawyer can advise whether this may be possible in your situation.

Question 8

What if the affected assets belong to a third party?

Accepted Answer

People who are not the subject of an investigation but have an interest in affected assets may be able to make representations. Evidence of ownership is usually central to this, and legal advice should be taken promptly.

Question 9

Can DLO Associates provide legal representation?

Accepted Answer

No. DLO Associates is a consultancy. We do not provide legal services or represent clients in court. Where legal advice is needed, we can work alongside your lawyer or help you identify independent legal support.

Question 10

When should I contact a lawyer?

Accepted Answer

As early as possible, particularly if you have received an order or notice with a deadline. Time limits can be short, and a lawyer licensed in the relevant province or territory can advise on your rights and options.

Question 11

How is confidential information handled?

Accepted Answer

Enquiries are stored securely with access restricted to authorised personnel. Any engagement is subject to agreed terms and confidentiality arrangements. See our privacy notice for details.

Question 12

What information should I avoid sharing online?

Accepted Answer

Never send seed phrases, private keys, passwords, authentication codes or full identity documents through a website form. Keep your initial enquiry brief; we will discuss secure ways to share documents if appropriate.

Question 13

What happens after submitting an enquiry?

Accepted Answer

We review your enquiry, carry out conflict screening and let you know whether it falls within our consultancy services. If it does, we will discuss scope and terms before any work begins.

Understanding restrictions and evidence.

A clearer picture starts with a conversation.