Ben Lerer

The applicant sought certiorari to quash his committal for trial on charges of fraud, possession of proceeds of crime, and money laundering.

He argued that the court lacked territorial jurisdiction over the transnational fraud and that there was insufficient evidence of the actus reus and mens rea of the offences.

The court dismissed the application, finding a real and substantial link to Canada because the fraudulent scheme used Ontario corporations and bank accounts to receive the proceeds.

The court also found sufficient evidence upon which a properly instructed jury could infer the occurrence of fraud, the applicant's knowledge or willful blindness, and his intent to convert or conceal the proceeds.

The defendants brought a motion to strike out the plaintiff's claims against the individual officers, directors, and shareholders of the corporate defendant pursuant to Rule 21.01(1)(b).

The litigation arose from a commercial lease where the plaintiff alleged the individual defendants made negligent misrepresentations about remedying property deficiencies.

The court reviewed the law on officer and director liability, negligent misrepresentation, and piercing the corporate veil.

The court found the pleadings lacked sufficient particulars and failed to meet the required elements for piercing the corporate veil.

The claims against the individual defendants were struck out, but the plaintiff was granted leave to amend.