The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

bankruptcy


 

Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation

In Aquino v. Bondfield Construction Co. 2024 SCC 31, the Supreme Court of Canada provided clarity about when fraud by a corporation’s directing mind can be attributed to the corporation. ... [more] Full article

Supreme Court of Canada agrees to hear appeal of decision allowing creditors to recover from the directing mind of a bankrupt corporation

In Ernst & Young Inc. v Aquino (2022 ONCA 202), the Ontario Court of Appeal upheld a lower court’s ruling that the controlling mind of a bankrupt corporation can be ... [more] Full article

Highway 407 ETR Tolls Discharged by Bankruptcy – Licence Plate Denials No More

407 ETR Concession, the company that owns and runs most of Ontario’s Highway 407 – an open access highway – has lost a key tool to enforce payment of tolls, ... [more] Full article

Fraud victims may not enjoy priority standing in bankruptcy proceedings

In a recent decision, The Court of Appeal for Ontario clarified the circumstances under which a constructive trust remedy will be granted in favour of victims of fraud once a fraudster enters bankruptcy proceedings. In Credifinance Securities Limited v. DSLC Capital Corp,[1] DSLC made a $400,000 loan to Credifinance. Some time later, Credifinance defaulted on the repayment of the loan. DSLC came to suspect that the loan was obtained by way of fraudulent misrepresentations. [more] Full article