Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation
In Aquino v. Bondfield Construction Co. 2024 SCC 31, the Supreme Court of Canada provided clarity about when fraud by a corporation’s directing mind can be attributed to the corporation. Early last year, The Litigator reported that the Supreme Court had granted leave to appeal the Ontario Court of Appeal’s decision that fraudulent transfers to a directing mind were done to evade creditors (2022 ONCA 202). The Supreme Court of Canada essentially agreed with the decisions below, and clarified the test for when fraud can be attributed to a corporation. Aquino had been taking millions of dollars from his two ... [more]
The Supreme Court of Canada Provides Guidance on Interpreting Exclusion Clauses
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