Lisa Munro

Lisa Munro

Lerners LLP

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The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more

8/20/2014 - Canada Cross-Border FDA Prescription Drugs Self-Incrimination

Current trends in the risk of self-incrimination in cross-border disputes

Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour...more

8/6/2014 - Canada Cross-Border Extradition Fifth Amendment Foreign Nationals Foreign Sovereigns Investigations Search Warrant Self-Incrimination

The risk of self-incrimination in international cross-border disputes

The risk to the privilege against self-incrimination is not limited to proceedings taking place in parallel in Canada and the United States (U.S.). The case of R. v. Eurocopter Canada Ltd., [2004] O.J. No. 2120, is a good...more

7/23/2014 - Canada Criminal Prosecution Cross-Border Self-Incrimination

The risk of self-incrimination in cross-border disputes: Hollinger Case Study - Part III

The Mutual Legal Assistance in Criminal Matters Treaty (“MLAT”) is one way in which incriminating evidence in Canada can be shared with prosecutors in the United States ("U.S."). ...more

7/9/2014 - Canada Criminal Prosecution Evidence

The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II

Sun-Times Media Group, Inc. v. Black, [2007] O.J. No. 795, is another case involving the former officers and directors of the Hollinger-related corporations, which highlights the risk of self-incrimination that officers and...more

6/11/2014 - Canada Cross-Border Foreign Jurisdictions Frozen Assets Self-Incrimination

Concerns over the effectiveness of safeguards designed to prevent evidence from one proceeding being used against the witness in...

The concerns about the effectiveness of protective orders raised in Catalyst Fund General Partner I Inc. v Hollinger Inc., [2005] OJ No 2191 (SCJ), aff’d [2005] OJ No 4666 (CA) were also central to a recent decision of...more

5/7/2014 - Canada Class Action Evidence Immunity Letters Rogatory Protective Orders Rules of Civil Procedure Self-Incrimination

Auditors’ Liability to Third Parties: An emerging defence – Part I

Interesting policy issues arise when auditors of corporations whose management has fraudulently misrepresented the company’s financial statements find themselves defending claims brought on behalf of the corporation by...more

3/26/2014 - Auditors Audits Third-Party Liability

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in United States...

Royal Trust Corporation of Canada v. Fisherman (“Royal Trust”), a decision of the Ontario Superior Court, is another example of a court addressing the risk that discovery evidence could be used against a defendant in a...more

3/12/2014 - Canada Criminal Prosecution Cross-Border Self-Incrimination

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in U.S. criminal/regulatory...

A common scenario in which the privilege against self-incrimination is threatened occurs when a person is party to criminal or regulatory proceedings in the United States (U.S.) and civil litigation in Canada....more

2/12/2014 - Canada Cross-Border Fifth Amendment Self-Incrimination

Taking the Fight to the Ice: Ontario Court of Appeal allows enforcement action against Canadian subsidiary for environmental...

In Yaiguaje v Chevron Corporation, 2013 ONCA 758, the Ontario Court of Appeal held that Ontario has jurisdiction to recognize and enforce a foreign judgment against a Canadian subsidiary that was not a party to the foreign...more

2/10/2014 - Canada Discharge of Pollutants Environmental Claims Environmental Liability Environmental Policies

Auditors’ Liability to Third Parties: Massive Liability May Not Be Indeterminate

Paradoxically, the application of the Hercules Managements duty of care test in cases like Widdrington (Estate of) v. Wightman, 2011 QCCS 1788, affirmed QCCA 1184 (“Castor Holdings”) may actually work to expand, rather than...more

1/29/2014 - Auditors Audits Canada Financial Statements

The risk of self-incrimination in cross-border disputes: The case of Canadian criminal proceedings and U.S. civil litigation

One scenario in which the jeopardy to the privilege against self-incrimination may arise is when an individual is facing criminal or regulatory proceedings in Canada at the same time as the individual is engaged in civil...more

1/15/2014 - Canada Criminal Prosecution Cross-Border Self-Incrimination

Auditors’ Liability to Third Parties: Small closely-held corporations

In Waxman v. Waxman (2004), 186 OAC 201, the Ontario Court of Appeal considered whether the Hercules Managements analysis is applicable in a case brought by a shareholder of a small, closely- held corporation where concerns...more

12/24/2013 - Auditors Canada Duty of Care Engagement Letters Fiduciary Liability Small Business

The risk of self-incrimination in cross-border disputes: Enforcing U.S. Letters of Request in Canada

In Treat Canada Ltd. v. Leonidas, [2012] O.J. No. 5551, the Ontario Court of Appeal considered the jeopardy to the privilege against self-incrimination in an appeal from an Ontario order enforcing a letter of request for...more

12/11/2013 - Breach of Charter Rights and Freedoms Canada Class Action Immunity International Litigation Nestle Rules of Civil Procedure Self-Incrimination

Auditors’ Liability to Third Parties: An Overview

Historically, the doctrine of privity of contract prevented third parties from claiming against auditors for negligently prepared audited reports. The landscape changed with the recognition of the tort of negligent...more

11/27/2013 - Auditors Duty of Care Fiduciary Duty Liability Negligent Misrepresentation Privity of Contract Shareholders Third-Party

An introduction to the risk of self-incrimination in cross-border disputes

The right not to be compelled to incriminate oneself is a protection enshrined in both the United States Constitution and the Canadian Charter of Rights and Freedoms (the “Charter”). In reality, however, there is protection...more

11/20/2013 - Canada Cross-Border Fifth Amendment Self-Incrimination

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