In Caroti v. Vuletic, 2026 ONCA 614, the Ontario Court of Appeal clarified an important point of trust law: a resulting trust does not require fraud, wrongdoing, or unjust enrichment. Instead, it can…

Continue Reading Settlement Is Not Surrendering: The Ontario Court of Appeal Protects Unpaid Settling Parties’ Equitable Claims

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

A preferential transaction occurs where an insolvent person or debtor makes a transfer of property or a payment that has the effect of favouring one creditor over another. Creditors and bankruptcy trustees can use federal or provincial legislation to attack preferential transactions. A recent Ontario Court of Appeal decision, Golden Oaks Enterprises Inc v Scott, 2022 ONCA 509, upheld the finding that certain transactions were an unlawful preference under section 95(1)(b) of the Bankruptcy and Insolvency Act, RSC 1985 c B-3 (“BIA”). As a result, the Court ordered the monies be repaid to the bankruptcy estate.
Continue Reading Insolvency Remedies Available to Combat Preferential Transactions