Litigation Blog

Accountants Caught in the Middle When a Client Breaks Up

April 16, 2018

As a professional liability and insurance lawyer, one of the most common questions I get when advising accounting practitioners is how to respond to demands for financial disclosure after the breakup between the partners or shareholders of an owner-managed business.
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Protest in the Park – Profanity Permitted, Personal Invective Prohibited

March 29, 2018

In Bracken v. Niagara Parks Police, 2018 ONCA 261, the Court of Appeal for Ontario recently considered the limits of freedom of expression in the context of a one-man public protest held in August 2016 during the lead up to the American presidential election. The protester, Mr. Bracken, stood in a public Niagara park holding a sign praising Donald Trump and cursing China and Mexico (“Trump is right. F* China. F* Mexico”).
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Insurer Cannot Claim in Name of Bankrupt Insured

March 29, 2018

A recent Ontario Court of Appeal decision holding that insurers cannot bring a subrogated action in the name of a bankrupt insured means that insurers who are considering a subrogated claim should take an assignment of the cause of action at the same time as paying out the claim.
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