Competition Law

Supreme Court of Canada Lowers Bar to Certifying Price-Fixing Class ActionsThe Competition Act and misleading advertising provisions

Contract Law

British Columbia's Court of Appeal overturns ruling on invalidity of inter-company transfers from financially distressed Bitcoin mining companies

Crypto

British Columbia's Court of Appeal overturns ruling on invalidity of inter-company transfers from financially distressed Bitcoin mining companies

Cybersecurity

Electronic Fraud: Responding to a Business Email Compromise (BEC)2016 Baker & McKenzie Global Data Breach Notification GuideSupreme Court rules on online anonymity - Potential impact on fraud investigations?

Employment Related Fraud

Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue EmployeeEmployee's Silence about Fraud Leads to $20 Million Civil Judgment for EmployerJagged Little Pill: What “You Oughta Know” Regarding Agency Fraud

Enforcement of Foreign Judgments and Awards

Enforcement of Foreign Judgments and Awards; Emergency Relief; Mareva Injunction

Baker McKenzie Approved as Third Party Reviewer under Integrity Regime by Government of CanadaMareva injunctions: They’re not just for pre-judgment anymoreBritish Columbia Court of Appeal upholds Mareva injunction in aid of international arbitral proceedings, overturning lower court

Fraud and Insolvency Law

2024 Notable Cases (Part 5) - Supreme Court Clarifies Bankruptcy Treatment of Securities Penalties and Disgorgement Orders2024 Notable Cases (Part 4) - $259M Disgorgement Ordered for Breach of Fiduciary Duty2024 Notable Cases (Part 3) - Civil Fraud and Personal Liability Established by Finding that a Corporate Officer's Conduct was Reckless

Fraud Prevention

Disgorgement instead of Damages?Fraud exception to letter of credit autonomy principle requires "impropriety, dishonesty or deceit". Court of Appeal overturns ruling that had denied commercial landlord of bankrupt tenant full amount of credit.Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee

Fraud Recovery

Failure to make full and fair disclosure can result in a full indemnity costs Access Denied: Ontario Court Rejects "Freedom Convoy" Organizers' Request to Access Frozen Funds for Legal Fees"Crypto King” declared bankrupt

Injunctions & Emergency Relief

Ontario Court Denies Mareva Order Despite Strong Prima Facie Case of ConversionCreditors seeking enforcement of claims to a Mareva defendant must come with clean handsFailure to make full and fair disclosure can result in a full indemnity costs 

Investigations & Compliance

Deferred Prosecution Agreements are coming to Canada. Are you prepared?Canada Bans Facilitation Payments Under Foreign Anti-Corruption LawShould Canada follow the UK, US or Australian deferred prosecution model?

Investment Fraud

Supreme Court Clarifies Exceptions to Fresh Start Principle in Canadian BankruptciesOntario Superior Court Rejects Application to Set Aside an Arbitration Award under the Model LawSecurities Sanctions Survive Bankruptcy, British Columbia Court of Appeal Rules

Misappropriation of IP

Fighting importation of counterfeit products into CanadaRecent case on copyright enforcement seeks to balance copyright holders rights and privacy rightsCombatting counterfeit and pirated goods

Uncategorized

Insolvency Remedies Available to Combat Preferential TransactionsEVENT ALERT: DEFERRED PROSECUTION AGREEMENTS IN CANADA DISCUSSION

White collar prosecutions

Complex White Collar Prosecutions and Dismissal for Delay