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Douez v. Facebook, Inc., [2019] B.C.J. No. 824
Amendment to certification order in privacy challenge to Facebook adds non-residents and common issue for disgorgement of profits.
Subtopic: Class Actions
Commentary: Canadian Commercial Law Guide (see paragraph 9230)
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Canada (Attorney General) v. Ernst & Young Inc., [2019] A.J. No. 617
Declaration limiting defences available to Government of Canada in relation to lawsuit by court-appointed receiver quashed.
Subtopic: Bankruptcy and Insolvency
Commentary: Canadian Commercial Law Guide (see paragraph 9230)
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CORPORATE
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Radford v. MacMillan, 2018 BCCA 335
Sole director/officer of company engaged in oppressive conduct by granting himself favourable compensation package, issuing shares to himself and arranging secured loans to company by entities he controlled.
Subtopic: Investigations and Remedies
Commentary: Canada Corporations Law Reporter (see paragraph 9570)
Subtopic: Remedies
Commentary: Ontario Corporations Law Guide (see paragraph 24,110)
Subtopic: Shareholders’ Remedies
Commentary: British Columbia Corporations Law Guide (see paragraph 35,120)
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Elton v. 10 Star Events Inc., 2018 BCSC 1974
Shareholder’s petition for investigation of corporation stayed due to arbitration clause in shareholder agreement.
Subtopic: Investigations and Remedies
Commentary: Canada Corporations Law Reporter (see paragraph 9101)
Subtopic: Remedies
Commentary: Ontario Corporations Law Guide (see paragraph 24,805)
Subtopic: Shareholders’ Remedies
Commentary: British Columbia Corporations Law Guide (see paragraph 37,005)
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FINANCE
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1068754 Alberta Ltd. v. Québec (Agence du revenu), [2019] S.C.J. No. 37
The use of banks in foreign jurisdictions to hide information, assets and income from tax authorities worldwide, in non-tax havens such as Switzerland or tax havens such as the Cayman Islands, is almost as obsolete as buggy whip manufacturing. Not even supremely talented Canadian tax lawyers can overturn the tide of public sentiment against tax evasion.
Subtopic: Tax evasion
Commentary: SCC deals a blow to tax evaders in Canada (The Lawyer’s Daily)
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SECURITIES
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Re Stewart Douglas Loughery, 2019 BCSECCOM 78
A British Columbia Securities Commission Panel ordered a six-year market prohibition against a respondent who acted as a de facto director of a corporation who caused the corporation to breach a cease trade order. The corporation was ordered to disgorge the amounts raised from the breach and was issued a five-year cease trade order.
Subtopic: Sanctions and costs
Commentary: Canadian Securities Law Reporter (see 2019 CSLR para. 900-784)
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