Our Toronto office acted as counsel to the Companies’ Creditors Arrangement Act (CCAA) monitor of Bondfield Construction Company Ltd., in an effort to recover funds from a former director and officer of Bondfield and his co-conspirators who had carried out a false invoice scheme. The matter was appealed to the Supreme Court of Canada, which ruled in the monitor’s favour. 

The decision refines the test for corporate attribution in Canada, establishing that the test for attribution of a intent to a corporation must be based upon the context and purpose in which attribution is to occur.

 

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