Articles: 1-10 of 77
Disclosure Obligations in Mareva Injunctions
Canada - September 15 2025 In fraud cases, one of the most powerful tools in a plaintiff’s toolbox is to seek an asset freezing order (a Mareva injunction) from the courts. But…
Ontario Court Denies Mareva Order Despite Strong Prima Facie Case of Conversion
Canada - April 10 2025 A Court may grant a Mareva order (sometimes referred to as a freezing Order) when there is a risk that a defendant could move its assets out of the…
2024 Notable Cases (Part 5) - Supreme Court Clarifies Bankruptcy Treatment of Securities Penalties and Disgorgement Orders
Canada - January 20 2025 On July 31, 2024, the Supreme Court of Canada provided clarity regarding the treatment of administrative monetary penalties and disgorgement orders…
2024 Notable Cases (Part 4) - $259M Disgorgement Ordered for Breach of Fiduciary Duty
Canada - January 17 2025 On November 29, 2024, the Court of King’s Bench of Manitoba in WSIB Investments (Infrastructure) Pooled Fund Trust v. Plenary Group (Canada) Ltd…
2024 Notable Cases (Part 3) - Civil Fraud and Personal Liability Established by Finding that a Corporate Officer’s Conduct was Reckless
Canada - January 15 2025 In the summer of 2024, Baker McKenzie obtained a trial judgment in fraud in CHU De Québec-Université Laval v. Tree of Knowledge International Corp…
2024 Notable Cases (Part 2) - Bankruptcy of the Crypto-King and Related Rulings
Canada - January 13 2025 The bankruptcy of Aiden Pleterski, the self-proclaimed ‘Crypto King’ began on August 9, 2022, with a court application brought by Baker McKenzie on…
2024 Notable Cases (Part 1) - Supreme Court clarifies Corporate Attribution Doctrine
Canada - January 8 2025 On October 11, 2024, the Supreme Court of Canada released two decisions, Aquino v Bondfield Construction Co. (Aquino) and Scott v Golden Oaks…
British Columbia’s Court of Appeal overturns ruling on invalidity of inter-company transfers from financially distressed Bitcoin mining companies
Canada - August 14 2024 Can a lender challenge debtors’ transactions with a parent company as fraudulent conveyances when the debtors had disclosed the transactions before…
Supreme Court Clarifies Exceptions to Fresh Start Principle in Canadian Bankruptcies
Canada - August 9 2024 The general rule in bankruptcy is that a debtor receives a “fresh start” and is discharged from prior debts, but this is subject to certain…
Creditors seeking enforcement of claims to a Mareva defendant must come with clean hands
Canada - April 1 2024 Mareva orders, also known as freezing orders, may be granted when there is a risk that a defendant might move its assets out of reach of the court’s…
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