Canadian Fraud Law

Canadian Fraud Law

Commentary, News and Updates

Sarah Petersen

Sarah Petersen

If you have any questions about blog posts by Ms. Petersen on the Canadian Fraud Law Blog, please contact Mr. Michael Nowina at michael.nowina@bakermckenzie.com or at 1.416.865.2312.

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Mareva Injunctions – Ontario Court of Appeal Signals a More Flexible Test for Granting Worldwide Mareva Injunctions

Posted in Injunctions & Emergency Relief
The decision in SFC Litigation Trust (Trustee of) v. Chan, 2017 ONSC 1815 represents a step toward a more flexible approach when our courts are asked to consider whether a Mareva injunction should be granted. In this case, the appellant, Mr. Chan, the former Chief Executive Officer of Sino-Forest Corporation (“SFC”), appealed an order confirming a… Continue Reading

The Constitutionality of Administrative Monetary Penalties: Defining the punitive paradigm

Posted in Investigations & Compliance
The Supreme Court of Canada released its anticipated decision in Guindon v. Canada on July 31, 2015, which held that administrative monetary penalties (“AMPs”) in the Income Tax Act  are not offences that trigger constitutional protections such as the right to be presumed innocent. You can read more about the case in this alert for Global Compliance… Continue Reading