Photo of Glenn Gibson

Glenn Gibson is a member of Baker McKenzie’s Litigation & Government Enforcement Group in Toronto. Glenn acts for clients in civil fraud proceedings, contractual disputes, jurisdictional disputes, class actions, and on matters involving commercial arbitration. She is a frequent contributor to www.canadianfraudlaw.com, www.globalarbitrationnews.com, and to the Baker McKenzie International Arbitration and Litigation Newsletter. She also assists the Firm’s pro bono team in providing legal advice to victims of human trafficking and sexual exploitation.

In an unreported judgment Pallotta v. Cengarle, Court file CV-16-56337 released on February 27, 2020, Faieta J. found real estate lawyer Licio Cengarle vicariously liable for his clerk’s mortgage fraud scheme as well as for breach of trust. This case is a cautionary tale for professionals and employers about the need for internal controls.
Continue Reading Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee

In the recent decision Anisman v. Drabinsky, 2020 ONSC 1197 Justice Morgan voided a transfer of a $2.625 million Toronto home for the nominal sum of $2 by Garth Drabinsky to his wife as a fraudulent conveyance as against Drabinsky’s former lawyer and other creditors. This summary judgment decision provides important guidance for creditors on how to approach issues relating to discoverability and limitation periods in the context of real property that may have been fraudulently conveyed.
Continue Reading Understanding a Creditor’s Duty to Investigate: Recent Guidance from the Ontario Superior Court in Anisman v. Drabinsky, 2020 ONSC 1197

On May 14, 2019, in Christine DeJong Medicine Professional Corp. v. DBDC Spadina Ltd., 2019 SCC 30 the Supreme Court of Canada granted Christine DeJong Medicine Professional Corporation’s appeal and unanimously adopted Justice van Rensburg’s dissenting reasons as their own. In reversing the earlier decision of the Ontario Court of Appeal, the Supreme Court has provided guidance on when a party will be found to have participated in a breach of trust.
Continue Reading Refrain is the Name of the Game: Supreme Court rules on Breach of Trust

On November 15, 2018, the Supreme Court of Canada granted Christine DeJong Medicine Professional Corporation’s (“DeJong”) application for leave to appeal from the decision in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60. By granting leave, Canada’s highest court will weigh in on the liability of “victims” of fraud as against one another.
Continue Reading Supreme Court to Rule on Conflicting Rights of Investors in Fraudulent Schemes

This is our second of three posts on the Ontario Court of Appeal’s recent decision in DBDC Spadina Ltd. v. Walton 2018 ONCA 60 arising out of a complex fraud scheme perpetrated by Norma and
Continue Reading Constructive Trust as a Remedy for Breach of Fiduciary Duty: Court of Appeal Clarifies Test for Granting Proprietary Remedies

The decision in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 provides insight on when corporations that are de facto under control of a fraudster can be held liable for claims of knowing assistance
Continue Reading Stranger Danger: When Companies associated with a Fraudster should be Liable for the Fraudster’s Breach of Fiduciary Duty