Information About Canadian Appeals Monitor
Below is a preview of the five most recent posts from the blog Canadian Appeals Monitor. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Court of Appeal for Ontario addresses lawyer’s challenge to a retainer agreement
The Court of Appeal for Ontario recently ruled on the proper approach to a lawyer’s challenge to their own retainer agreement in Bimman v. Igor Ellyn Professional Corporation (Ellyn Law), 2022 ONCA 781 (CanLII).Read more »
- Ontario Court of Appeal Dismisses $5B Negligence Claim Relating to Stanford Ponzi Scheme
Between 1991 and 2009, The Toronto-Dominion Bank (“TD Bank”) provided correspondent banking services to Stanford International Bank (“SIB”), an offshore bank in Antigua, run by Allen Stanford. SIB sold certificates of deposit (CDs) to investors around the world. In February 2009, at the height of th … Read more »
- BC Court of Appeal puts end to public nuisance claims in product liability
In Valeant Canada LP/Valeant Canada S.E.C. v. British Columbia, 2022 BCCA 366, the BC Court of Appeal struck a public nuisance claim against manufacturers and distributors of prescription opioid medication. The Court ruled that recognizing public nuisance would open the door to claims regulated by t … Read more »
- The Evidence Matters in Charter Litigation: the Supreme Court of Canada Strikes Down Provisions of Canada’s Sex Offender Registry as Violating Section 7 of the Charter
On October 28, 2022, the Supreme Court of Canada released its decision in R. v. Ndhlovu, 2022 SCC 38, in which a 5-4 majority struck down section 490.012 of the Criminal Code of Canada, but unanimously struck down section 490.013(2.1) (collectively, the “Impugned Provisions”), both for having violat … Read more »
- Should directors consider creditors’ interests when a corporation is near insolvency?
In a recent landmark case, the United Kingdom Supreme Court held in BTI 2014 LLC v. Sequana SA & Ors,  UKSC 25 that directors of a corporation owe a fiduciary duty to creditors when a corporation is at or near insolvency. Sequana SA is inconsistent with the decisions of the Supreme Court of Ca … Read more »