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fraud

Solicitor-Client Privilege Presumption Upended In Sakab Saudi

Solicitor-client privilege remains a fundamental right which is only displaced where absolutely necessary. The court in Sakab Saudi Holding Company v Al Jabri, 2025 ONSC 35 [Sakab Saudi] upheld the presumption of solicitor-client privilege protection to a law firm’s trust ledger but found that the motion judge erred in extending that same presumption to the […]

Transfers at Undervalue Versus Corporate Attribution

Introduction The Supreme Court of Canada (“SCC”) granted leave to John Aquino, 2304299 Ontario Inc., Marco Caruso, Giuseppe Anastasio a.k.a. Joe Ana and Lucia Coccia a.k.a. Lucia Canderle (“John Aquino et al.”) on January 19th, 2023 to appeal an Ontario Court of Appeal (“ONCA”) decision, Ernst & Young Inc v Aquino, 2022 ONCA 202, from […]

Money, Mortgages and Mayhem: The highly anticipated appeal on indefeasibility and housing fraud

Controversy surrounding new provincial legislation in British Columbia to curb foreign investment in the housing market and talks of similar measures for Ontario have kept all eyes on the red-hot housing markets across Canada. Furthermore, new federal mandates will take effect starting October 17, 2016 for the purchasing of homes, which will likely cause further […]

Livent v Deloitte: Has the Fat Lady Finally Sung?

The Executives of Livent were masters of live performance. Known for producing popular shows such as The Phantom of the Opera and Show Boat, they never thought their own escapades would play out in the media as a protracted drama with a final act orchestrated by the highest court in Ontario.

Update on R v Riesberry: it’s more than just a game.

Some time ago, I wrote a piece on the one line Supreme Court of Canada (“SCC”) holding that the appeal in R v Riesberry [Riesberry] is to be dismissed. In that article, I purported to prognosticate on the ratio to be derived from what, on the facts, appears to be a straightforward case. Briefly: a […]

Secretly Poking Holes in Condoms Vitiates Consent to Sexual Activity: R v Hutchinson

After two trials and cycles through the appellate court system, the Supreme Court of Canada (SCC) has dismissed the appeal in R v Hutchinson, 2014 SCC 19 [Hutchinson]. Building on the decision in R v Mabior, [2012] 2 SCR 584 [Mabior], the Court in Hutchinson further clarified the law surrounding consent to sexual activity, holding that […]