Legal Blog:

Krystyne Rusek’s Appointment by the Executive of the Trusts and Estates Section of the OBA

Krystyne Rusek has been appointed by the Executive of the Trusts and Estates Section of the OBA to act as the liaison for the OBA’s Civil Rules Review Taskforce.  The Taskforce will be making submissions to the Civil Rules Review Group, co-Chaired by Allison Speigel and the Honourable Justice Cary Boswell, and participating in consultations regarding a proposed overhaul of the Rules of Civil Procedure.

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Corporate Attribution

The common law doctrine of corporate attribution provides guiding principles for when the actions, knowledge, state of mind, or intent of the directing mind of a corporation may be attributed or imputed to a corporation. Attribution is generally inappropriate if the directing mind acted to defraud the corporation or those actions were not designed to benefit the corporation.

The Supreme Court of Canada has ruled in both civil and criminal cases that it would give effect to the exceptions and would not apply the corporate attribution doctrine in the contexts of those cases.

The court has now discussed the corporate attribution doctrine in bankruptcy and insolvency contexts:  Aquino v. Bondfield Construction Co. 2024 SCC 31 and Scott v. Golden Oaks Enterprises Inc. 2024 SCC 32.

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