In a pair of companion decisions released on May 24, 2023 (Markowich v. Lundin Mining and Peters v. SNC-Lavalin Group Inc.) the Court of Appeal for Ontario respectively overturned and ... [more] Full article

Shareholders of a corporation do not have a personal cause of action for wrongs committed against the corporation – such is the well-known rule in Foss v Harbottle. However, in ... [more] Full article

The Court of Appeal for Ontario has upheld the enforcement of a non-solicitation clause in an agreement between a dentist and a dental clinic in its recent decision in Smilecorp Inc. v. Daniel Pesin, 2012 ONCA 853. [more] Full article

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