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 arise simply because someone contributed money
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 important guidance that will inform
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 is straightforward: corporate directors and officers
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 being disposed of, or Anton
Co-authored with John Pirie, Usman Sheikh and Michael Garellek
The Government of Canada has introduced Bill C-29, (Bill) to establish Canada’s “Financial Crimes Agency” (Agency) under the oversight of the Minister of Finance. The agency’s mandate is to
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
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
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 contravened
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
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
