Court of Appeal denies recovery from fraudster’s wife
In a decision released on August 21, 2023 in Sase Aggregate Ltd. v. Langdon, Ontario’s top court affirmed the decision below denying a defrauded company’s attempt to recover from the wife of a fraudulent former employee, Jamie Showers. The appellant, Sase Aggregate, owned and operated a gravel pit and, in 2021, it discovered that its pit manager, Showers, had defrauded the company of more than $2.1 million over the years. It brought an application to recover those funds, not from Showers, but from his wife – on the basis that the defrauded funds had been used to purchase and renovate a ... [more] Full article
Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
In Quantum Dealer Financial Corporation v Toronto Fine Cars and Leasing Inc 2023 ONCA 256, the Court of Appeal provided insight on the factual record required to find strangers to ... [more] Full article
Trust Matters: Requirements for intention to create a trust without a written agreement
The Ontario Court of Appeal recently confirmed the requirements for “certainty of intention” to create a trust in the absence of formal trust documentation. An objective standard must be applied ... [more] Full article
2021: Contracts year in review
Commercial litigators often lament the fact that Canada’s highest court sometimes appears increasingly uninterested in commercial issues and unwilling to grant leave to appeal in commercial cases – even ones ... [more] Full article
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