Introduction Cases involving two innocent parties involved in litigation after a fraudster has played and deceived them both are especially difficult. Each blameless party is now faced with a win-all or lose-all situation. This blog will look specifically at cases of this sort involving land, and how the doctrine of “deferred indefeasibility” comes into play. […]
Tag Archives: appeal
Pierringer Settlements Update
Introduction In two previous blogs, we have discussed both Mary Carter and Pierringer settlements. This blog provides an update on recent developments on the impact and effect of Pierringer settlements following Alberta’s Court of Appeal (ABCA) decision in Canadian Natural Resources Limited v. Wood Group Mustang. Although the decision is not binding in Ontario, it […]
Constructive Trustees, Fraud, and Knowing Receipt
The Supreme Court of Canada (SCC), in Citadel General Assurance Co. v. Lloyds Bank of Canada, established the three ways in which a stranger to a trust can be held liable as a constructive trustee for a breach of that trust. They are: as a trustee de son tort; for knowing assistance in a fraudulent scheme […]
New Evidence on the Appeal of a Damage Award
The principle of finality in law seeks to ensure that what is decided is left alone unless there are errors in law on appeal. Where there are no errors, but there is fresh evidence, which would have been both admitted and had an impact on the damages awarded, should it be admitted on an appeal? […]
Specific Performance in Commercial Real Estate Transactions
Specific performance is an equitable remedy in the law of contract. Its effect is to require the party against whom the order is made to perform a specific act, such as the performance of an obligation in the contract in question. Specific performance is most often seen used in real estate transactions forcing the deal […]
Oppression and the Right to Financial Information
Recently we wrote to provide an overview of the Oppression Remedy. There, we learned that the leading case dealing with the interpretation of the oppression remedy was the Supreme Court of Canada’s (SCC) decision in BCE Inc v Debentureholders. The Divisional Court of Ontario has recently released its decision in APAC Limited v. Cronin which dealt […]