Sun-Times Media Group, Inc. v. Black,  O.J. No.
795, is another case involving the former officers and directors of
the Hollinger-related corporations, which highlights the risk of
self-incrimination that officers and directors can face in
The plaintiff brought a motion in an Ontario action for a
stand-alone Mareva injunction to freeze the assets of the
defendants in respect of an action the plaintiff had brought
against the defendants in the United States (U.S.). It also
sought an examination under oath. In the U.S. action, the
Court had granted a stay of oral and documentary discovery, pending
conclusion of the U.S. criminal proceedings. Defendant Black
argued that the Ontario action was an attempt to avoid the stay and
prohibition against discovery in the U.S. civil proceedings.
The Court denied the Mareva injunction and quashed the
summonses, in part, based upon the risk that the evidence could be
used against Black in the U.S. criminal proceedings. The
Court undertook a balancing exercise. It referred to the
conflicting expert evidence on the jeopardy that would be faced by
Black in the U.S. if he was required to give evidence in Canada and
found that there was a risk that his compelled testimony in Canada
would be admissible in a U.S. Court and there was no public purpose
to the examination which could be weighed against this risk of
The treatment of conflicting expert evidence by Canadian courts
is particularly important in the absence of any conclusive
statement of law in the U.S. with respect to the use that may be
made of compelled evidence obtained in Canada. The lack of
consensus between experts demonstrates the uncertainty that still
remains and the resulting risk to the privilege against
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.
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