Information About Canadian Fraud Law
Recent Posts
Below is a preview of the five most recent posts from the blog Canadian Fraud Law. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Disclosure Obligations in Mareva Injunctions
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 without notice (ex parte) to the alleged wrongdoer—the court demands full and frank disclosure of al … Read more »
- Ontario Court Denies Mareva Order Despite Strong Prima Facie Case of Conversion
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 unable to collect damages. In Sherif Gerges Pharmacy Professional Corporation et al. v. Niam Pharmaceut … Read more »
- 2024 Notable Cases (Part 5) – Supreme Court Clarifies Bankruptcy Treatment of Securities Penalties and Disgorgement Orders
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 Poonian, Shallu Poonian and others contrave … Read more »
- 2024 Notable Cases (Part 4) – $259M Disgorgement Ordered for Breach of Fiduciary Duty
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 and injured workers fund). The defendant, a public infrastructure developer, was fo … Read more »
- 2024 Notable Cases (Part 3) – Civil Fraud and Personal Liability Established by Finding that a Corporate Officer’s Conduct was Reckless
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 in civil fraud claims. It also explains when a court will affix persona … Read more »