Restitution Orders and Interim Injunctions to Freeze Assets

Under section 74.1(1)(d) of the Competition Act, the court is empowered to make restitution orders against parties who are found to have engaged in reviewable conduct by making materially false or misleading representations to the public under section 74.01(1)(a) of the Act. Restitution, along with the other remedies available under section 74.1 of the Act, serves as an additional incentive for advertisers to comply with the Act.

Under section 74.111 of the Act, the court is also empowered to order an interim injunction to freeze assets in situations where the Competition Bureau is pursuing, or intending to pursue, a restitution order. This power can only be exercised when the court finds a strong prima facie case that a person is engaging in or has engaged in conduct that is reviewable under section 74.01(1)(a) of the Act, and the court is satisfied that the person owns, possesses or controls assets, is disposing, or is likely to dispose, of them and that such disposal will substantially impair the enforceability of a restitution order made under section 74.1(1)(d) of the Act. Such injunctions are a critical tool to ensure the preservation of property pending the outcome of a case.