Whose book of business is it, anyway? Confusion reigns on ‘ownership’ of investment firm client lists
There are few, if any, legal issues affecting the investment industry that are more cloudy and less certain than whether investment firm clients belong to the investment advisor or to the investment firm. And there are arguably few issues more important. This question has been the subject of several widely divergent – and even confusing - court decisions on the issue over the past few years. [more]
Employment agency liable for not checking references
Earlier this year, the Ontario Court of Appeal affirmed a trial decision awarding damages against an employment placement agency for not checking the references of an employee who would later go on to defraud her employer of more than $263,000. [more]
Commercial Litigation Update – November 2007
Canada’s top court dismisses shareholder class action against Danier Leather but rejects Business Judgment Rule as a defence in securities cases
Canada’s Supreme Court upheld the dismissal of Canada’s first-ever securities class action judgment in favour of investors relating to alleged misrepresentations on an initial public offering. [more]
Hello! case says goodbye to confusion in economic torts
House of Lords clarifies scope of economic torts
The House of Lords recently curtailed the scope of the torts of inducing breach of contract and unlawful interference, and expanded the reach of the tort of breach of confidence to cover a situation where a newspaper paid for the exclusive right to print photos of a celebrity wedding. [more]
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