An accountant will not be liable for negligence in failing to properly carry out a review engagement of financial statements of a limited partnership if the plaintiff would have invested money in the partnership even if the financial statements had been reviewed in accordance with the applicable standard of care. Sherman v. Orenstein & Partners,  O.J. No. 3361 (S.C.J.).
To determine whether an individual acted in a personal capacity or as agent when signing a contract, a court must consider the terms of the contract and all the surrounding circumstances. Financial Choice Realtors Inc. v. O’Neil, A.J. No. 1065 (Q.B.).
A shareholder of a company may not be entitled to assert a cause of action belonging to company even if the company is no longer in existence. Binder v. Royal Bank of Canada,  N.S.J. No. 304 (S.C.).
Although a lifetime employment contract is legal, such a contract requires explicit language unequivocally stating that the term of the contract is for the life of the employee or until retirement. Foreman v. 818329 Ontario Ltd.,  O.J. No. 3327 (C.A.).
Irrespective of whether the form of injunction sought is mandatory or prohibitory, a British Columbia court must determine whether there is a serious issue to be tried, whether there would be irreparable harm if the application were refused and where the balance of convenience lies. Powerscreen of Canada (Western) v.Powerscreen International Ltd.,  B.C.J. No. 2154 (S.C.).
Although the Ontario Securities Commission is not bound by its own precedents, its decisions on penalty should adhere to some recognizable pattern to allow parties to proceedings before it to intelligently assess their positions. Donnini v. Ontario Securities Commission,  O.J. No. 3541 (Div. Ct.).
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).