When public companies are accused of accounting irregularities, class action shareholder litigation often follows. The case of Sino-Forest Corporation (“SFC”) is such an example. Weighed down by allegations of accounting...more
5/16/2013
On January 14, 2013, three former Nortel executives were acquitted on two counts of fraud. The Crown alleged that the accused, Nortel’s former directing minds, had manipulated Nortel’s financial statements during a time that...more
5/14/2013
- Acquittals Canada Fraud Nortel
The Supreme Court of Canada confirmed in Beals v. Saldanha that the principles of comity must be applied when considering and enforcing judgments of other courts. Ontario courts will generally recognize and enforce American...more
4/17/2013
- Canada Enforcement Actions Foreign Judgments
In my last blog post, I discussed mechanisms for obtaining evidence in the possession of a third party. What if you need to procure evidence located in Ontario for litigation proceeding in another jurisdiction? I turn now to...more
4/2/2013
- Canada Evidence Jurisdiction Letters Rogatory
As discussed in my last blog post, the Supreme Court of Canada articulated the four essential conditions that must be met for granting an Anton Piller order in the landmark Celanese Canada Inc. v. Murray Demolition Corp...more
1/22/2013
- Anton Pillar Orders
In my last blog post, I discussed Mareva orders. Now I’d like to turn to an extraordinary remedy sometimes sought in conjunction with Mareva injunctions: the Anton Piller order....more
1/2/2013
- Anton Pillar Orders Evidence
I often get calls from lawyers around the world wondering what kinds of remedies are available to protect their clients doing business in Canada. In this series, I will discuss a few of the unusual and extraordinary remedies...more
12/4/2012
- Mareva Injunctions
Commercial contracts can plan for disputes under the agreement. Such clauses are called dispute resolution clauses. Dispute resolution clauses may provide for without prejudice meetings, escalation of disputes within...more
7/17/2012
- Arbitration Dispute Resolution Clauses Mediation
Insider trading at large publicly traded corporations makes news headlines and is the stuff of Hollywood movies. Less talked about is Canadian and Ontario corporate laws prohibiting insider trading in privately held...more
7/10/2012
- CBCA Insider Trading OBCA Privately Held Corporations
