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Worth Its Weight in Gold? Not When Liability Clauses Tip the Scales
Case Study Brink's, Incorporated v. Air Canada, 2025 FC 110 - Air Canada was hired by Brink's to transport 400Kg of gold, and was order to pay just $18K due to admin error...
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Are you a creditor and do you have standing? Maybe not. Case Study: YG Limited Partnership and YSL Residences Inc.
Justice Osborne of the Ontario Superior Court (Commercial List) recently released his reasons in YG Limited Partnership and YSL Residences Inc., 2022 ONSC 6548, and the implications for future bankruptcy and insolvency proceedings are notable.
The brief facts of the motion were as follows.
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Determination of Notice Periods for Rehired Employees Post CCAA Proceedings: Case Comment: Antchipalovskaia v. Guestlogix
In Antchipalovskaia v. Guestlogix Inc.,1 released on June 9, 2022, the Ontario Court of Appeal held that in cases where an employee is terminated and subsequently rehired at the time of proceedings under the Companies' Creditors Arrangement Act ("CCAA"), the employee's prior period of employment is relevant in determining what notice period the employee is entitled to.
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Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc.
This 2019 decision of the British Columbia Court of Appeal was the third in a trio of appeals regarding the topic of disengaging assets owned by insolvent entities subject to a Companies' Creditors Arrangement Act (“CCAA”) proceeding from assets owned by other affiliated entities that were not insolvent.
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The Doctrine of Discoverability and Accident Benefits Claims: Special Considerations following Tomec and Pafco
Ontario courts and tribunals have recently considered the application of the doctrine of discoverability in the context of accident benefit claims. These considerations have developed the common law in notable ways for insurers and insureds alike. Specifically, special considerations now arise in the context of Accident Benefits where limitation periods are concerned...
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The Corporate Veil won't cover Personal Misrepresentations
In the recent case of Meridian Credit Union Limited v Baig, the Court of Appeal considered the duties owed by various parties to be honest and to not mislead each other during the course of real estate transactions. The Court of Appeal emphasized the obligation purchasers owe to be clear about all of the facts relevant in a transaction. Moreover, the Court of Appeal affirmed that corporate directors can be held liable for fraudulent misrepresentations made during the sale of a property.
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Duties and Liabilities of Directors and Officers
Directors and officers, acting as a manager of a corporation, have a number of duties and responsibilities that they are required to carry out. These duties are largely set in place to protect the interests of shareholders and other individuals who are not shareholders but nevertheless have a stake in the corporation, such as creditors.1 While most of these duties were established at common law, the majority of Canadian jurisdictions have codified them.2 Often times, if these duties are not met, directors and officers will be personally liable. A finding of liability will often result in remuneration to the corporation.
The following paper will outline the main duties that directors and officers have. Further, the following article will examine the liability that will ensue for the breach of such duties.
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Worth Its Weight in Gold? - Transportation Law Case Study
Brink's, Incorporated v. Air Canada, 2025 FC 110 - The case where Brink’s, a company whose whole raison d’etre is the transport and protection of money, missed the mark on properly documenting the value of its cargo.
View MoreOTHERS
Worth Its Weight in Gold? Not When Liability Clauses Tip the Scales
Case Study Brink's, Incorporated v. Air Canada, 2025 FC 110 - Air Canada was hired by Brink's to transport 400Kg of gold, and was order to pay just $18K due to admin error...
View More
Are you a creditor and do you have standing? Maybe not. Case Study: YG Limited Partnership and YSL Residences Inc.
Justice Osborne of the Ontario Superior Court (Commercial List) recently released his reasons in YG Limited Partnership and YSL Residences Inc., 2022 ONSC 6548, and the implications for future bankruptcy and insolvency proceedings are notable.
The brief facts of the motion were as follows.
View More
Determination of Notice Periods for Rehired Employees Post CCAA Proceedings: Case Comment: Antchipalovskaia v. Guestlogix
In Antchipalovskaia v. Guestlogix Inc.,1 released on June 9, 2022, the Ontario Court of Appeal held that in cases where an employee is terminated and subsequently rehired at the time of proceedings under the Companies' Creditors Arrangement Act ("CCAA"), the employee's prior period of employment is relevant in determining what notice period the employee is entitled to.
View More
Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc.
This 2019 decision of the British Columbia Court of Appeal was the third in a trio of appeals regarding the topic of disengaging assets owned by insolvent entities subject to a Companies' Creditors Arrangement Act (“CCAA”) proceeding from assets owned by other affiliated entities that were not insolvent.
View More
The Doctrine of Discoverability and Accident Benefits Claims: Special Considerations following Tomec and Pafco
Ontario courts and tribunals have recently considered the application of the doctrine of discoverability in the context of accident benefit claims. These considerations have developed the common law in notable ways for insurers and insureds alike. Specifically, special considerations now arise in the context of Accident Benefits where limitation periods are concerned...
View More
The Corporate Veil won't cover Personal Misrepresentations
In the recent case of Meridian Credit Union Limited v Baig, the Court of Appeal considered the duties owed by various parties to be honest and to not mislead each other during the course of real estate transactions. The Court of Appeal emphasized the obligation purchasers owe to be clear about all of the facts relevant in a transaction. Moreover, the Court of Appeal affirmed that corporate directors can be held liable for fraudulent misrepresentations made during the sale of a property.
View More
Duties and Liabilities of Directors and Officers
Directors and officers, acting as a manager of a corporation, have a number of duties and responsibilities that they are required to carry out. These duties are largely set in place to protect the interests of shareholders and other individuals who are not shareholders but nevertheless have a stake in the corporation, such as creditors.1 While most of these duties were established at common law, the majority of Canadian jurisdictions have codified them.2 Often times, if these duties are not met, directors and officers will be personally liable. A finding of liability will often result in remuneration to the corporation.
The following paper will outline the main duties that directors and officers have. Further, the following article will examine the liability that will ensue for the breach of such duties.
View More
Worth Its Weight in Gold? - Transportation Law Case Study
Brink's, Incorporated v. Air Canada, 2025 FC 110 - The case where Brink’s, a company whose whole raison d’etre is the transport and protection of money, missed the mark on properly documenting the value of its cargo.
View More