Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: piercing corporate veil

The Second Opinion: Canadian Subsidiaries Beware? The Ontario Court of Appeal Addresses the Enforcement of Foreign Judgments Against Related Entities

Posted in Features, The Second Opinion

The Ontario Court of Appeal’s decision Yaiguaje v. Chevron Corporation, 2013 ONCA 758, has important implications for both foreign corporations and their Canadian subsidiaries.  The decision clarifies the test by which Ontario courts will enforce foreign judgments, and allows enforcement actions to proceed in Ontario where the only hope of recovery is from the Canadian subsidiary of the foreign corporation.… Continue Reading

The Second Opinion: The UK Supreme Court Declines to Extend the “Piercing the Corporate Veil” Doctrine

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

In a much-anticipated decision released earlier this week that could have implications throughout Canada, the UK Supreme Court revisited and ultimately reaffirmed its venerable decision in Salomon v. Salomon, which recognized over a century ago the separate legal existence of a corporation from its shareholders. The Supreme Court was urged to lift the corporate veil in order to treat the owner of the corporations involved in the dispute as, in effect, a contracting party to various agreements signed only by the corporations. The Court unhesitatingly declined to do so.… Continue Reading