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Canada Personal Liability

Littler

Alberta, Canada Court Holds Senior Executive Personally Liable to Employer

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In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...more

Blake, Cassels & Graydon LLP

Personnalité morale : nouvelles orientations sur la levée du voile et le recours en cas d’abus

La Cour d’appel de l’Ontario (la « Cour ») a récemment fourni des orientations sur les recours intentés contre les administrateurs dans lesquels la levée du voile de la personnalité morale est demandée, ainsi que sur les...more

Blake, Cassels & Graydon LLP

The Power to Pierce: New Guidance on Piercing the Corporate Veil and the Oppression Remedy

The Ontario Court of Appeal (Court) recently provided guidance on claims against directors based on relief-seeking to pierce the corporate veil and the oppression remedy. In FNF Enterprises Inc. v. Wag and Train Inc. (FNF),...more

Bennett Jones LLP

The Supreme Court of Canada Rules in Orphan Well Case

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The Supreme Court of Canada ("SCC") today released its long-awaited decision in Orphan Well Association et al v Grant Thornton Limited et al, 2019 SCC 5. The SCC allowed the appeal and held that Alberta's regulatory regime...more

Bennett Jones LLP

No Deemed Trust for Unremitted GST and HST Post-Bankruptcy

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In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162. Secured creditors who receive...more

Bennett Jones LLP

Dangerous Assumptions and Serious Consequences in Cybersecurity

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It's not the kind of news a retail giant wants to make. In May 2017, Target agreed to a $18.5-million settlement to resolve a 47-state investigation into a massive 2013 hack. This settlement put Target's total cost of the...more

Bennett Jones LLP

The Supreme Court of Canada Clarifies the Personal Liability of Directors in Oppression Cases

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In Wilson v. Alharayeri, 2017 SCC 39 [Alharayeri], the Supreme Court of Canada in a unanimous decision provides significant guidance as to when directors ought to be held personally liable for oppressive conduct under the...more

Bennett Jones LLP

Personal Liability Under Canada's Anti-Spam Law

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Under Canada's Anti-Spam Law (CASL) not only may a corporation that fails to comply be liable to pay a monetary penalty but personal liability may also arise. Section 31 provides that "An officer, director, agent or mandatary...more

Bennett Jones LLP

Second Trump University Class Action Proceeding to Trial

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Class action trials, a rarity in Canada, are now set to proceed in two separate U.S. District Court cases involving U.S. Presidential candidate Donald Trump and “Trump University”. In a decision released this week, Judge...more

Bennett Jones LLP

Host Liability, 10th Edition

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This booklet is intended as a basic guide to host liability, which is the potential for personal and corporate liability for injuries sustained by employees, clients and other persons as a result of alcohol intoxication. This...more

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Deceptive Marketing Class Actions: Trump University

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The most talked about class action in Canada of late is not a Canadian class action at all, but rather one commenced in a U.S. District Court in the Southern District of California. Low v. Trump University, already certified...more

Blake, Cassels & Graydon LLP

New Capital Markets Regulator: Extent of Consultation and CMA Provisions Remain of Concern

Comments on the revised consultation draft of the provincial/territorial Capital Markets Act (CMA) and the draft initial regulations (Initial Regulations and, together with the CMA, the Consultation Drafts) for the proposed...more

Bennett Jones LLP

The New Face of Commercial Crime - Cybersecurity Risks for Companies and their Directors

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The threat of commercial crime against companies is transforming. Technology has created new and innovative ways for fraudsters to exploit individuals and companies through cyber attacks. This new face of fraud can give rise...more

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Ghost Offers in Real Estate Transactions

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Too Clever by Half - Not so long ago I received a draft agreement of purchase and sale from a practitioner in which he named his purchaser client as “John Doe, in trust, and without personal liability, for a corporation...more

Blake, Cassels & Graydon LLP

Recent Decision Clarifies Availability of Defences at the Leave Stage in Statutory Securities Class Actions

The Ontario Superior Court of Justice’s (Court) recent decision in Rahimi v. SouthGobi Resources (Rahimi) confirms that courts will consider and evaluate defences at the leave stage of a statutory secondary market disclosure...more

Bennett Jones LLP

Dispute Over Landscaping Repairs Results in Personal Penalties against Condo Directors and a Fascinating Governance War Story

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Court decisions holding corporate directors personally liable for acting in bad faith tend to be few and far between in Canadian jurisprudence. The recent Ontario Court of Appeal decision in Boily et al v Carleton Condominium...more

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