Theft or Fraud by an Employee: Management Rights and Legal Action

Statistics show that fraud by employees is a significant problem for Canadian businesses. For example, 25% of internal fraud cases result in losses of a million dollars on average – even though, with advances in technology and computer science, fraud should be much easier to eliminate, given the new resources available to employers for investigating and proving it.

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Purchasers in CCAA Court-Approved Asset Sales Remain Subject to the Jurisdiction of the Court Even After Closing

This article was also featured in the National Insolvency Review, Vol. 31, No. 2 (April 2014) at 13-17. The relevant extract of the NIR can be read by clicking here (published with permission of the publisher, LexisNexis Canada Inc.)

In a recent decision, the Quebec Court of Appeal (“QCA”) examined the scope of the powers of a judge overseeing the restructuring of a company pursuant to the Companies Creditors Arrangement Act2 (“CCAA”). Specifically, the QCA had to determine the extent of a judge’s jurisdiction in ensuring the implementation of – and compliance with – the conditions precedent of a sale of assets that same had approved.

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