In Sakab Saudi Holding Company v. Al Jabri, the Ontario Court of Appeal (ONCA) clarified the scope of solicitor-client privilege and the crime-fraud exception to the privilege. In doing so, the ONCA also provided
Continue Reading The Crime-Fraud Exception to Solicitor-Client Privilege – It’s Not Just for Criminal Cases Anymore
In an earlier post, we discussed the trial decision in CHU de Québec-Université Laval v. Tree of Knowledge International. The Ontario Court of Appeal has now upheld that decision. The key takeaway
Continue Reading Fraud has a price: when directors pay personally
Fraud victims often turn to the courts to protect their rights. In certain cases, a court will make temporary orders without notice to the defendant. These can include Mareva freezing orders to stop assets from
Continue Reading Charter rights in civil contempt proceedings: Supreme Court to weigh in
Co-authored with John Pirie, Usman Sheikh and Michael Garellek
The Government of Canada has introduced Bill C-29, (Bill) to establish Canada’s “Financial Crimes Agency” (Agency) under the oversight of
Continue Reading Canada tables legislation to establish Financial Crimes Agency
In fraud cases, one of the most powerful tools in a plaintiff’s toolbox is to seek an asset freezing order (a Mareva injunction) from the courts. But to obtain such an order—which is normally granted
Continue Reading Disclosure Obligations in Mareva Injunctions
A Court may grant a Mareva order (sometimes referred to as a freezing order) when there is a risk that a defendant could move its assets out of the court’s reach, potentially leaving the plaintiff
Continue Reading Ontario Court Denies Mareva Order Despite Strong Prima Facie Case of Conversion
On July 31, 2024, the Supreme Court of Canada provided clarity regarding the treatment of administrative monetary penalties and disgorgement orders resulting from securities violations in Poonian v. British Columbia (Securities Commission).
Thalbinder Singh
Continue Reading 2024 Notable Cases (Part 5) – Supreme Court Clarifies Bankruptcy Treatment of Securities Penalties and Disgorgement Orders
On November 29, 2024, the Court of King’s Bench of Manitoba in WSIB Investments (Infrastructure) Pooled Fund Trust v. Plenary Group (Canada) Ltd., awarded over $259 million to the plaintiffs (an employee pension fund
Continue Reading 2024 Notable Cases (Part 4) – $259M Disgorgement Ordered for Breach of Fiduciary Duty
In the summer of 2024, Baker McKenzie obtained a trial judgment in fraud in CHU De Québec-Université Laval v. Tree of Knowledge International Corp. This decision provides clarity on the application of the “recklessness” standard
Continue Reading 2024 Notable Cases (Part 3) – Civil Fraud and Personal Liability Established by Finding that a Corporate Officer’s Conduct was Reckless
The bankruptcy of Aiden Pleterski, the self-proclaimed ‘Crypto King’ began on August 9, 2022, with a court application brought by Baker McKenzie on behalf of a group of investors. This case garnered significant media attention
Continue Reading 2024 Notable Cases (Part 2) – Bankruptcy of the Crypto-King and Related Rulings