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Superior Court ruling clarifies auditors’ liability

Alex Robinson - Monday, July 24, 2017

Lawyers say a recent Ontario Superior Court decision spells out auditors’ liability to their clients’ clients.
In Lavender v. Miller Bernstein, Justice Edward Belobaba sided with investors who brought a class action lawsuit against an accounting firm that had audited a now-defunct securities dealer, Buckingham Securities.

The plaintiff said the accounting firm, Miller Bernstein, was liable for negligently signing off on reports that falsely said the dealer was in compliance with the Ontario Securities Commission’s requirements on segregation and minimum capital requir...

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Inside Story

Monday, July 24, 2017

Notice Connect, a website for estate trustees in Canada to post legal notices to creditors upon someone’s death, has been recognized by the Ontario Superior Court on July 7, in a court order, as satisfying requirements of the Trustee Act for the estate trustee’s duty to advertise for creditors.

The decision is significant because it confirms that is an accepted platform for advertising to creditors, something that has traditionally been done in newspapers. 

“To get a court to sign off on it like that is very special for us because we really feel that we’ve created a new convention under the common law. That’s pretty exciting,” says the website’s co-founder, Patrick Hartford, business partner of Ori Barbut.

The Trustee Act has never specified which methods are acceptable for advertising to creditors, but under common law, it has now been confirmed that using Notice Connect as a means to post these notices is allowed in the eyes of...

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Law Times poll

Law Times reports the Ontario Court of Appeal has ruled that a foster mother can be named a party in a child protection case, if it’s in the child’s best interests. Do you think recognizing foster parents will serve the best interests of children?
Yes, recognizing foster parents as parties in child protection cases will help improve the well-being of children.
No, this decision could cause implications resulting in the permanent abolishment of the child-parent relationship.