What’s An Anton Piller Order?
With around 40% of marriages ending in divorce, Canadians need to be aware of their rights. Police are not the only ones who can get a search warrant to search your property. Anyone can apply for a search warrant!
Canadians love getting divorced. Quebec has the highest rate of divorce at around 50%. Newfoundland has the lowest rate of divorce in Canada at around 17%. Most of Canada cannot afford expensive divorces, but people in Vancouver don’t seem to mind full out court battles. The lawyers on our platform have clients in different areas of Canada. Of the various locations our family lawyers service, Vancouver clients tend to spend the most money on their divorces.
In a reason divorce battle in BC, a wife (Yi Meng Wang) received an Anton Piller order (a search order) to search her husband’s ( Jun Cheng Jiang) business. An Anton Piller Order is essentially a search warrant for non-police to search property to look for evidence. Once you receive it, you can show up at the door, show the warrant, and they must let you search the property.
The Judge Agreed And Allowed The Business To Be Searched
Yi Meng Wang was successful in obtaining a court order (Anton Piller order) to search Jun Cheng Jiang’s business, Wingsum International Trading. Yi Meng Wang convinced the judge that her husband had lied to the CRA and the family courts about how much money he made.
This shows just how effective the Anton Piller Order can be when you need to search your spouse’s property. If the order is made against you, you must allow the person with the order to search your property according to the terms in the court order. The main reason why the order is granted is that it prevents someone from destroying evidence. Most of the time in family law, the person with the order is searching for proof of income. Very often someone wants to show that their income is much lower than it truly is. This is done in order to pay less child and spousal support.
Lying About Your Income Can Lead To A Civil Search Warrant
In the Jun Cheng Jiang divorce, he had reported that his income was around $50K per year. Instead, it was actually closer to $1 million per year. This difference in income would result in a massive increase in child support and spousal support payments made to the wife. Once the wife searched the business, the husband started being more honest about how much money he actually made.
It’s hard to get an Anton Piller order because it doesn’t require the other side to be a part of the hearing. The reason for the “secret” hearing is that the spouse doesn’t want the evidence destroyed. If someone knew that their spouse was seeking a search warrant, they might move the evidence from the property or destroy it. They also might plant fake evidence that supports their position at the property that is going to be searched.
Search Warrants Interfere With Civil Liberties
Further, the search order drastically interferes with the civil rights of the person who’s personal property is searched. Therefore, it is only granted by a judge in extreme circumstances. The person asking for the right to search their spouse’s property will need to show to the judge that there is a high likelihood that their spouse will destroy evidence. Also, they must show that there is a ton of evidence against their spouse. If you want to get an order to search for proof of a higher income, then you need to show why and how your ex lied about their income.
You also need to show why you think the evidence would be kept at that property. The judge is not going to give you a free for all pass to search wherever you feel. You need to explain why the evidence will very likely be found at the property you search.
And if you are curious, it’s called an Anton Piller order because of a 1975 court case in England. Someone called Anton Piller convinced a judge to allow them to search the property of Manufacturing Processes Limited.