Important New Decision Clarifies Claims Against Financial Institutions and Defences November 20, 2013 Commercial Litigation Group, BLG CFI Trust v. Royal Bank of Canada 2013 BCSC 1715 clarifies claims against financial institutions and defences under the Personal Property and Security Act.
Attribution of Knowledge: Does it depend on the identity of the victim? November 20, 2013 Helen Richards In Jetivia SA & Anor v Bilta (UK) Ltd & Ors, the England and Wales Court of Appeal confirmed and clarified the circumstances in which a director’s knowledge of fraudulent conduct will be attributed to the company.
Raising Money in Ontario: What's Up with Crowdfunding and Other Initiatives? October 31, 2013 Michael J. Hanley The recent Ontario Securities progress report on its ongoing exempt market review indicates the OSC is likely to implement four new prospectus exemptions, including a ‘crowdfunding’ exemption.
Enforceability of Commercial Restrictive Covenants: Payette v Guay Inc. 2013 October 09, 2013 George Waggott and Robert Boyd This article examines the principles that apply to the enforceability of restrictions agreed to in the sale of a business.
The Quickening of Innovation in Asset-Based Financing October 09, 2013 David Chaiton Some would call it evolution: others, revolution. Semantic flourishes aside, financial technologies are increasingly in the foreground as drivers of product differentiation and proliferation in the asset-based financing industry.
Deal or No Deal? September 30, 2013 Matthew S. Kelleher and Shane C. D’Souza Authors Kelleher and D'Souza focus on the Proton decision in the English High Court in raising our consciousness of when email exchanges might be taken to comprise enforceable contracts.
Presto! The UK Supreme Court Holds the Corporate Veil Can Disappear in Prest v. Petrodel Resources September 30, 2013 Brandon Kain Is there a discrete test to determine whether a court will pierce the corporate veil? Brandon Kain writes about a key development in this branch of the law in the UK Supreme Court case, Prest v Petrodel Resources Ltd.
Cases of Note September 23, 2013 Jennifer E. Babe Fifth Third Bank v. O’Brien RBC v. Samson Management & Solutions Ltd. et al Coast Mountain Aviation v. M. Brooks Enterprises Ltd. CIT Financial Ltd. v. Mike Closs Logging Ltd. Scott and Pichelli Ltd. v. Eveley International Corp. Puratone Corp. (Re) Re: Bock inc. 2013
Is Your Client a Payday Lender? Proposed Amendments to the Ontario Payday Loans Act September 16, 2013 Jennifer Babe Proposed Amendments to the Ontario Payday Loans Act will have consequences for lenders and lessors.
Cross Border Corner Corruption and Bribery May 20, 2013 Sonia Molodecky Top 10 things Canadian companies should know when operating abroad.