Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt

In Quantum Dealer Financial Corporation v Toronto Fine Cars and Leasing Inc 2023 ONCA 256, the Court of Appeal provided insight on the factual record required to find strangers to a fiduciary or trust liable for misappropriated assets under the torts of knowing assistance and knowing receipt. In doing so, the Court also provided useful commentary on the fact-finding powers of a judge at a summary judgement motion. The misappropriation in this case involved a man who came to Canada from Argentina, operated a business in Canada for several years, then fraudulently sold off company assets before returning to Argentina. ... [more] Full article
Trust Matters: Requirements for intention to create a trust without a written agreement
The Ontario Court of Appeal recently confirmed the requirements for “certainty of intention” to create a trust in the absence of formal trust documentation. An objective standard must be applied ... [more] Full article
2021: Contracts year in review
Commercial litigators often lament the fact that Canada’s highest court sometimes appears increasingly uninterested in commercial issues and unwilling to grant leave to appeal in commercial cases – even ones ... [more] Full article
Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith
In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway’s attempts to ... [more] Full article
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