Commercial landlord on the hook for tenant shareholder’s loss in share value: Ontario Appellate Court clarifies limits on traditional rule that shareholders cannot sue for wrongs to the corporation
Shareholders of a corporation do not have a personal cause of action for wrongs committed against the corporation – such is the well-known rule in Foss v Harbottle. However, in Tran v. Bloorston Farms Ltd., the Court of Appeal recently clarified exceptions to that rule, one of which includes situations where a shareholder has her own personal cause of action and the corporation is not able to sue. In such circumstances the shareholder’s claim will not be barred by the rule. Background Sang Thi Tran (“Sang”) was a tenant under a lease assigned to her by her sister in 2010. ... [more] Full article
Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action
In his decision released earlier this Spring, Ontario Superior Court Justice Paul Perell certified a class action in Mancinelli v. Royal Bank of Canada claiming $1.0 Billion in damages against ... [more] Full article
Joint E-Hearings Task Force releases Best Practices for Remote Hearings
During the COVID-19 pandemic, courts and tribunals in Ontario and across the country are turning to video conferences to allow litigants to access justice while still obeying social distancing rules. ... [more] Full article
A New Privacy Tort in Ontario: Publicity placing the Plaintiff in a False Light
In December 2019, a Superior Court judge awarded damages for the first time for a new privacy tort (“Publicity which places the plaintiff in a false light in the public ... [more] Full article
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Civil Litigation Contributors
Karen Bernofsky
Karen Bernofsky is a strong advocate with a focus on commercial litigation and delivering cost-effective solutions. She advises and represents clients in a broad range of complex insurance matters, construction matters and commercial disputes, including breach of contract and invoice disputes. Karen is also a skilled negotiator with a proven track record in effective mediation advocacy. She has appeared before all levels of courts and administrative tribunals in Ontario as well as before the Federal Court of Canada.
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
- Commercial landlord on the hook for tenant shareholder’s loss in share value: Ontario Appellate Court clarifies limits on traditional rule that shareholders cannot sue for wrongs to the corporation
- Alberta court declines to certify class action alleging negligent performance of investment advisory services
- Court of Appeal upholds stay of secondary market misrepresentation claim on jurisdictional grounds
Jacob Millar
Jacob Millar is a versatile lawyer who as a law student and articling student has gained experience in civil and criminal litigation and administrative matters in Ontario, Nova Scotia and the U.K. As an associate with the firm, Jacob represents and advises clients in all manner of commercial disputes and competition law matters.
Kyle Taylor
Kyle Taylor is an experienced competition and commercial litigator. He has built a distinctly diverse practise, representing both plaintiffs and defendants in cutting edge competition cases and class actions, as well as all manner of business disputes, including corporate, contract, securities, fraud and malfeasance, real estate, and international litigation. Having practised for many years in New York, Kyle is rare among litigators to combine expertise in American litigation with a Canadian litigation practise. He has experience in major jurisdictions in both countries, including state, provincial, federal, and appellate courts. The breadth and versatility of his practise uniquely benefit clients from either side of the border, no matter the case or what side of the “v.” they appear. Kyle started his legal career as a law clerk for U.S. District Court Judge Joseph L. Tauro of the District of Massachusetts. Before joining Affleck Greene McMurtry, Kyle practised in the New York office of the global litigation firm Quinn Emanuel Urquhart & Sullivan. At Quinn Emanuel, Kyle represented Fortune 500 companies and individuals alike in competition cases, class actions, and a variety of commercial disputes.
