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
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
As we enter 2025, we look back on five important decisions that made the news in 2024. Here is the the first case.
On October 11, 2024, the Supreme Court of Canada released two decisions
Continue Reading 2024 Notable Cases (Part 1) – Supreme Court clarifies Corporate Attribution Doctrine
Can a lender challenge debtors’ transactions with a parent company as fraudulent conveyances when the debtors had disclosed the transactions before the loan was advanced? In NYDIG ABL LLC v IE CA 3 Holdings Ltd
Continue Reading British Columbia’s Court of Appeal overturns ruling on invalidity of inter-company transfers from financially distressed Bitcoin mining companies