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When Victims Attack Other Victims of the Same Fraudulent Scheme: The Doctrines of Corporate Identification and Knowing Assistance in DBDC Spadina Ltd. v. Walton

Posted in Case Comments, Corporate Law, Real Property

The recent decision of the Ontario Court of Appeal in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 is significant for being one of the first to cite the Supreme Court of Canada’s decision in Deloitte & Touche v. Livent Inc. (Receiver of), 2017 SCC 63. Blair J.A., writing for the majority of the Court of Appeal, cites Livent for the proposition that the doctrine of corporate identification may be applied less stringently in the civil context where a massive, complex fraud is involved in order to affix a corporation with the fault of its directing mind. … Continue Reading