The cross-border woes of Conrad Black – the dilemma of differing approaches to self-incrimination in Canada and the US.
Conrad Black and other officers and directors of Ravelston must attend to be examined under oath, even though there is a risk that their evidence could be used against them in criminal proceedings in the US , the Ontario Court of Appeal ruled in November 2005.[1] This case highlights a serious conflict between the Canadian and US approaches to protection against self-incrimination. In Canada , a witness can be compelled to answer a self-incriminating question, but that evidence cannot be used against the witness in subsequent criminal proceedings.[2] In the US , a person can “plead the Fifth” and refuse ... [more]
Intercorporate transactions may be oppressive
An unfair intercorporate transfer price system in place between Ford Motor Company of Canada and its US parent, Ford Motor Company, oppressed Ford Canada's minority shareholders, the Ontario Court of Appeal ruled in early 2006. However, because there was no evidence as to when these shareholders owned their shares, they were each entitled to only one day's damages. [more]
Lawyer forces TD Bank to release trust funds
A Toronto real estate lawyer was successful recently in forcing the Toronto-Dominion Bank to release funds held in his trust account after the bank wrongly purported to freeze his account to recoup its loss from a fraudulent cheque that had been drawn by another of the lawyer's clients and deposited into the trust account. [more]
Commercial Litigation Update – June 2006
Mediation Confidentiality Preserved: Rudd v. Trossacs Investments
Mediators breathed a collective sigh of relief when the Ontario Divisional Court upheld the confidentiality of mediations by refusing to compel a mediator to testify about communications between parties at a mediation. Rudd v. Trossacs Investments [more]
Contributors
- Administrative Law (RSS) (23)
- Constitutional Law (RSS) (13)
- Municipal Law (RSS) (6)
- Political & Elections Law (RSS) (5)
- Announcements (RSS) (92)
- Canadian Law (RSS) (7)
- Canadian Law Whitepapers (RSS) (3)
- Case Summaries (RSS) (4)
- Commercial Litigation (RSS) (297)
- Anti-SLAPP (RSS) (3)
- Appeals and Judicial Review (RSS) (29)
- Arbitration (RSS) (20)
- Attacks on Business Interests (RSS) (5)
- Attacks on Reputation (RSS) (4)
- Banking Litigation (RSS) (10)
- Broker/Dealer litigation (RSS) (9)
- Civil Litigation (RSS) (13)
- Class Actions (RSS) (54)
- Conflicts of Law and Enforcement of Foreign Judgments (RSS) (16)
- Construction (including Performance and L&M Bond Defense) (RSS) (4)
- Corporate Litigation (RSS) (11)
- Debtor-Creditor and Banking Litigation (RSS) (11)
- Defamation (RSS) (9)
- Disputes over Contracts (RSS) (39)
- Disputes within Companies and Partnerships (RSS) (16)
- Employment Litigation (RSS) (32)
- Enforcement of Foreign Judgments (RSS) (7)
- Franchises (RSS) (4)
- Frauds, Misrepresentation, Deceit (RSS) (20)
- Injunctions (RSS) (10)
- Insurance Defence (RSS) (5)
- Intellectual Property (RSS) (5)
- International Trade (RSS) (6)
- Investor-State Disputes (RSS) (3)
- Legal Crisis Management (RSS) (2)
- Mediation and other Alternative Dispute Resolution (RSS) (8)
- Privacy Law (RSS) (4)
- Privilege (RSS) (1)
- Products Liability (RSS) (3)
- Professional Negligence and Discipline Hearings (RSS) (11)
- Remedies for Emergency Relief (RSS) (2)
- Securities Litigation (RSS) (74)
- Securities Regulatory (RSS) (13)
- Shareholder Litigation (RSS) (12)
- Speaking Engagements (RSS) (9)
- White Collar Crime (RSS) (5)
- Wrongful Dismissal (RSS) (12)
- Competition Law (RSS) (292)
- Abuse of Dominance (RSS) (11)
- Advice and Opinions (RSS) (2)
- Advice on Business Practices (RSS) (1)
- Anti-corruption (RSS) (10)
- CASL / Anti-Spam (RSS) (6)
- Civil Anti-Competitive Conduct (RSS) (26)
- Class Actions and Other Private Actions (RSS) (46)
- Competition Bureau Investigations (RSS) (28)
- Competition Tribunal Litigation (RSS) (18)
- Compliance Programs (RSS) (1)
- Conspiracy (RSS) (43)
- Consumer Protection (RSS) (22)
- Criminal Matters (RSS) (47)
- Fines & Settlements (RSS) (14)
- Indirect purchasers (RSS) (7)
- Marketing Practices and Telemarketing (RSS) (48)
- Mergers (RSS) (68)
- Private Actions (RSS) (12)
- Private Applications (RSS) (9)
- Developments (RSS) (215)
- In The Media (RSS) (32)
- Insurance Coverage Litigation (RSS) (4)
- Lawyer-Client Privilege (RSS) (1)
- Real Estate Litigation (RSS) (1)
- Uncategorized (RSS) (3)
- Year in Review / The Litigator (Print Edition) (RSS) (26)