Consent judgment survives bankruptcy
In Water Matrix Inc. v Carnevale, Justice Sanfilippo found that a consent judgment may survive bankruptcy if it arises from a claim that is based in fraud. This allowed a company that was defrauded by...
View ArticlePiercing the Corporate Veil – the Need for Clear Fraudulent or Improper Conduct
Piercing the corporate veil remains a difficult feat in Ontario. Recently, in Cornerstone Properties v Southside Construction, Justice Hockin of the Ontario Superior Court of Justice refused to pierce...
View ArticleSame Facts, Different Badges – Sham Trusts and Fraudulent Conveyances
In McGoey (Re), 2019 ONSC 80, Justice Penny of the Ontario Superior Court of Justice found trusts over two properties held by a bankrupt were void as shams. In his decision, Justice Penny noted that...
View ArticleBank allowed to allege fraud in second ‘Kick at the Can’
When a plaintiff obtains a judgment from the court, that party is normally precluded from starting another lawsuit seeking the same judgment debt from the defendant. However, in Royal Bank of Canada v...
View ArticleSupreme Court Confirms that Lawyer is Liable for Advising Clients to Invest...
Lawyers must act with care and uphold their professional obligations when making referrals. The Supreme Court of Canada recently addressed the professional liability of a lawyer who advised his client...
View ArticleSNC-Lavalin Probation Order Issued in Connection with Guilty Plea
In a widely publicized move, on December 18, 2019, SNC-Lavalin Construction Inc. pleaded guilty to fraud over five thousand dollars. The guilty plea was the result of protracted settlement discussions...
View ArticleFraud exception to letter of credit autonomy principle requires “impropriety,...
On October 28, 2020, the Ontario Court of Appeal overturned a respected Commercial Court judge’s decision on a motion affecting a range of important legal issues, including the fraud exception to the...
View ArticleComplex White Collar Prosecutions and Dismissal for Delay
The Court of Québec recently considered whether the complexity of a white collar case justifies a departure from the presumptive 18-month limit for the prosecution of criminal offences after charges...
View Article“Crypto King” declared bankrupt
Aiden Pleterski, the self-described “Crypto King“, and his company AP Private Equity Limited were petitioned into bankruptcy on August 9, 2022 on application by certain of their creditors. David...
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