Glossary term
Anton Piller Order
An Anton Piller order is an extraordinary civil search order from a Canadian court permitting a plaintiff to enter a defendant's premises without notice to preserve evidence that might otherwise be destroyed.
The Supreme Court of Canada confirmed the Anton Piller framework in Celanese Canada Inc. v. Murray Demolition Corp., 2006 SCC 36. The order is granted only in exceptional cases, where there is a strong prima facie case, where the potential damage from the alleged conduct is very serious, and where there is clear evidence that the defendant possesses incriminating materials and a real possibility they will destroy them before the discovery process can reach them.
The execution must be conducted by an independent supervising solicitor, with strict safeguards: limits on what can be searched, opportunity for the defendant to consult counsel, and a careful inventory of what is seized.
For digital evidence, the forensic role is the technical execution arm. We attend the execution, image relevant devices on-site under the supervising solicitor's eye, document chain of custody, and prepare an examiner affidavit for the next return date.