Supreme Court of Canada agrees to hear appeal of decision allowing creditors to recover from the directing mind of a bankrupt corporation
In Ernst & Young Inc. v Aquino (2022 ONCA 202), the Ontario Court of Appeal upheld a lower court’s ruling that the controlling mind of a bankrupt corporation can be held liable to the corporation’s creditors for money taken from the corporation by fraud before the corporation became insolvent. The Supreme Court has recently granted leave to appeal ([2022] SCCA No 131), meaning that further clarification will be coming about the extent to which creditors can seek recovery from the controlling minds of a corporation once that corporation is subject to proceedings under the Bankruptcy and Insolvency Act (“BIA”). The ... [more] Full article
Privacy law does not shield judgment debtors
The recent Supreme Court decision in Royal Bank of Canada v. Trang has provided important guidance on how Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act ... [more] Full article
Highway 407 ETR Tolls Discharged by Bankruptcy – Licence Plate Denials No More
407 ETR Concession, the company that owns and runs most of Ontario’s Highway 407 – an open access highway – has lost a key tool to enforce payment of tolls, ... [more] Full article
Refusal to Answer Questions Lands Judgment Debtor in Jail
Even though debtors’ prison was abolished many generations ago, judgment debtors can still land themselves in jail if they refuse to answer questions on examinations in aid of execution, also ... [more] Full article
Debtor-Creditor and Banking Litigation Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
Adam Casey
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
- Supreme Court of Canada agrees to hear appeal of decision allowing creditors to recover from the directing mind of a bankrupt corporation
- Ontario's top court rejects retroactive application of Insurance Act amendment to claim arising from cannabis-caused fire
Peter R. Greene
Peter is a widely recognized and renowned litigator with substantial expertise in high profile and complex Commercial Litigation at the trial and appellate levels. Peter acts as counsel for insurance companies on professional liability, E&O claims, Director's and Officer's liability, and surety, fidelity and dishonesty bond claims. He has particular expertise in securities litigation and Regulatory Hearing, and has acted for Canada's largest investment firms. He regularly acts as defence counsel in large Class Actions before the courts in Ontario, and before national and provincial Regulatory agencies, boards and tribunals. Peter is regularly involved in large product liability and construction contract cases involving Construction Liens or Surety Bonds.
Meredith Hayward
Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
