In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge under provisions of the Bankruptcy and Insolvency Act.
In April, the British Columbia Court of Appeal (the “BCCA”) provided its reasons in Piekut v Canada (Minister of National Revenue), 2023 BCCA 181 [Piekut]. The decision added another chapter to the ongoing interprovincial conflict in jurisprudence regarding the discharge of government student loans in an insolvency pursuant to s. 178(1)(g)(ii) of the Bankruptcy and […]
The Supreme Court of Canada (“SCC”) granted leave to John Aquino, 2304299 Ontario Inc., Marco Caruso, Giuseppe Anastasio a.k.a. Joe Ana and Lucia Coccia a.k.a. Lucia Canderle (“John Aquino et al.”) on January 19th, 2023 to appeal an Ontario Court of Appeal (“ONCA”) decision, Ernst & Young Inc v Aquino, 2022 ONCA 202, from March […]
Chandos Construction Ltd v Deloitte Restructuring Inc 2020 SCC 25 (“Chandos”) explores a number of issues but the main one addresses the anti-deprivation rule and whether its application requires an effects-based test or a purpose-based test. In essence, the anti-deprivation rule does not allow contracting parties to include contractual provisions where, if one party declares […]
In Brunette v Legault Joly Thiffault, 2018 SCC 55 [Brunette], the Supreme Court of Canada (“SCC”) clarified a long-standing rule that bars shareholders from bringing a cause of action against a third party for faults committed against a corporation in which they hold shares. In doing so, the Court also reconciled corporate law principles from […]