In Wescom Solutions Inc. v Minetto, the Ontario Court of Appeal confirmed that the test for wilful blindness has the same standard in criminal and civil proceedings, which means asking whether a defendant was in fact suspicious and chose to ignore those suspicious, rather than whether defendant objectively should have been suspicious.…

Lawyers must act with care and uphold their professional obligations when making referrals. The Supreme Court of Canada recently addressed the professional liability of a lawyer who advised his client to purchase specific offshore investments from an advisor where that advisor turned out to be a fraudster. In Salomon v Matte‑Thompson, 2019 SCC 14, the Supreme Court upheld the decision of the Quebec Court of Appeal holding the lawyer liable for his client’s investment…

Surprisingly, evidently not. Briefly the facts in Plate v. Atlas Copco Canada Inc., 2019 ONCA 196: an Executive in the role of Vice President Global Strategic Customers was terminated for just cause grounded in a decades-long defrauding of the company and its benefits provider in conspiracy with the latter’s consultant, to the extent of over $20,000,000, over a million of which resulted to the Executive personally. His argument that he was a bystander incidentally…

When a plaintiff obtains a judgment from the court, that party is normally precluded from starting another lawsuit seeking the same judgment debt from the defendant. However, in Royal Bank of Canada v Kim, 2019 ONSC 798, Justice Broad of the Ontario Superior Court made an exception because the bank had discovered evidence of fraud after it obtained summary judgment against the defendant. The bank sought to pursue a second action for a judgment…

Event Details:  Tuesday, March 5, 2019, 12:30pm – 1:30pm (EST) To RSVP, please click here.  Dial-in details will be provided after signing up for the event. Following our DPA roundtable in June and the recent focus on DPAs in the media related to the SNC-Lavalin corporate criminal prosecution, we are pleased to offer a primer and answer your questions via teleconference. Please register and dial-in to gain important insights on: How the Canadian DPA system…

On November 15, 2018, the Supreme Court of Canada granted Christine DeJong Medicine Professional Corporation’s (“DeJong”) application for leave to appeal from the decision in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60. By granting leave, Canada’s highest court will weigh in on the liability of “victims” of fraud as against one another.…