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.
On August 27 of this year, the Supreme Court of Canada granted leaved to appeal in Kerr v Baranow, 2009 BCCA 111, a family law case concerning the application of the equitable doctrine of resulting trust. In this case, the parties commenced their common-law relationship in 1981, when Ms. Kerr was in a financial crisis due […]
Imagine the following scenario: Bob owns a house in a town in Quebec. In 2020, Quebec passes legislation to the effect that no municipality may increase property taxes by more than 10% each year. In 2022, citing the need for higher revenues to account for an increase in police services due to rising crime, the […]
Next month, the Supreme Court of Canada ("SCC") will hear submissions in an appeal from BMP Global Distribution Inc v Bank of Nova Scotia (cob Scotiabank), 2007 BCCA 52. This case involves a mysterious counterfeit cheque in an amount of over $900,000 which was couriered to BMP by some unknown party. BMP, believing that the […]
On July 13, 2007, the Supreme Court of Japan held in two cases that consumer-loan companies return not only excessive payments of unlawful interest to borrowers but also to pay the statutory interest that accrued from the excessive payments, because the consumer-loan companies were found to be bad faith beneficiaries of unjust enrichment. Japanese courts […]
