Injunctive relief is a powerful legal remedy used to prevent a party from continuing to engage in an unlawful activity or to enforce a legal right. The Ontario Superior Court recently granted an interim injunction in a contentious case involving the removal of 200-year-old trees at Osgoode Hall. In light of this case, this blog […]
Category Archives: Asset Recovery & Enforcement
Court Denies Permanent Injunction Regarding University Vaccine Policy
An injunction is a court order that either prohibits certain actions or behaviour, or compels a party to take a certain action. Injunctions may be awarded in various civil matters, from civil fraud, in which an injunction may be granted to prevent a party from disposing of or destroying certain property, to contract disputes, in […]
Receiver, Investors at Odds Over Best Method to Recover Investment Losses
Bridging Finance is an Ontario private-debt fund that touted itself as a seemingly risk-proof investment option but has been facing intense scrutiny for the past couple of years by the Ontario Securities Commission over concerns of investment fraud. Now, investors are facing losses of over $1 billion dollars as an appointed receiver is struggling to […]
SCC Clarifies Requirements for Enforcing Foreign Judgments in Ontario
Enforcing a judgment obtained in Ontario can be a challenge when the party ordered to pay damages is reluctant to abide by the order, or if the party is unable to pay the amount awarded in court. However, Ontario courts and successful parties are equipped with various methods of enforcing these awards, such as garnishment […]
Injunctions & Receiverships as Tools in Civil Fraud Cases
In the course of litigation, a defendant may attempt to sell, hide, transfer or otherwise make it appear that all assets have been depleted, leaving nothing for the plaintiff. To preserve or freeze the defendant’s assets, a plaintiff may seek a Mareva injunction or request that a receiver be appointed to manage the defendant’s financial […]
Court Dismisses Injunction Request Pending Ruling on Mandatory Hotel Stays
The ongoing pandemic has affected numerous industries, government policies and individuals, resulting in a significant amount of litigation. From insurance and contract disputes to class action suits to challenges of mandatory business closures, courts have been asked to hear a number of unprecedented issues created by COVID-19. Recently, one of those issues has been the […]
The Anti-Deprivation Rule Pt. 2: SCC Confirms Test
Last week we visited the primary legal authorities in Ontario on fraud in the event of a bankruptcy, and the anti-deprivation rule. Recently the Supreme Court of Canada (SCC), in Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020, confirmed the reasoning of those cases. Did an Insolvency Penalty Clause Contradict the Anti-Deprivation Rule? A general […]
The Anti-Deprivation Rule, Part 1: Fraud in Bankruptcy
Protecting or preserving assets during a time of insolvency is a natural temptation of debtors. Some even take a proactive approach and design contractual terms that aim to do much the same should insolvency ever arise in the future. However, when such terms are exercised, they run into possibly infringing the “anti-deprivation” rule. What is […]
The Presumption of Undue Influence
The equitable doctrine of undue influence is there to prevent one person from taking advantage of their position of power and authority over another person. This inequity in power between parties can vitiate the weaker party’s consent to an agreement, as they were unable to freely exercise their independent will. In other words, they would […]
Judgment Debts, Fraud and Bankruptcy
Many people assume that bankruptcy protects them from all creditors, across the board, however, this is not the case. In certain circumstances, debts may still be enforced even after a discharge in bankruptcy. When a creditor sues a debtor and a judgment is awarded, this judgment may survive an assignment into bankruptcy in certain circumstances. […]