Court awards damages in shareholder application following deathbed share transfer

The Superior Court of Justice has granted judgment for $367,000 against the majority shareholder of a company, for inducing his longtime partner and minority shareholder into transferring his shares for no money after he was diagnosed with a degenerative cognitive disease. The Court found that the respondent’s actions were oppressive, unconscionable, and deceitful. The case also involved an assessment of the unsettled procedural question of the Court’s jurisdiction to award damages on an application. Daniel Naymark and Terrence Liu acted for the applicant’s estate.

 The Court’s endorsement is available here.

Court freezes assets of ex-employee who misappropriated company funds, orders him and his former girlfriend to repay over $700,000

On November 1, 2019, the Superior Court granted an emergency Mareva injunction freezing the assets of the former accountant of a company who had misappropriated over $300,000 in company funds. Daniel Naymark and Jamie Gibson successfully represented the company in obtaining and later extending this freezing order.

[Update:] On March 16, 2020, the Superior Court granted default judgment against the ex-employee and his former girlfriend, alleged to have helped him misappropriate the company funds, when they did not defend against the allegations. The Court ordered both of them to repay the misappropriated funds to the company and also awarded damages against the ex-employee caused by his failure to pay invoices on the company’s behalf and by his other misconduct.

The Court’s endorsements granting the Mareva injunction and judgment are available here and here.

Daniel Naymark Presents at CNAR 2019

Daniel Naymark presented on October 30, 2019 at the Canadian Network of National Associations of Regulators’ 2019 annual conference in Quebec City. Daniel spoke on a four-member panel on the subject of regulating professionals facing addiction and mental health issues.

Law Society Tribunal Maintains Paralegal's License

The Law Society Tribunal has maintained the license of a paralegal, which the Law Society of Ontario moved to suspend on an interlocutory basis. The Law Society Tribunal ordered that existing restrictions on the paralegal’s license are to be lifted once he completes an interview with the Law Society. Daniel Naymark and Terrence Liu acted for the paralegal in his successful defence over a three-day hearing.

The Tribunal’s ruling is available here.

Superior Court grants damages in commercial contract dispute

The Ontario Superior Court of Justice granted a $240,000 judgment for a breach of contract between two financial technology companies in the car insurance industry. Terrence Liu acted for the successful applicant. The case involved the interpretation of termination and minimum purchase provisions in the parties’ contract.

The endorsement is available here.

Jamie Gibson joins Naymark Law

Jamie Gibson has joined Naymark Law as an associate.

Jamie is a 2012 call with a broad civil, commercial and regulatory litigation practice and experience at all levels of court in Ontario and before administrative tribunals.

Before joining Naymark Law, Jamie was litigation counsel for the Ontario Securities Commission, where he carried out administrative prosecutions under the Securities Act. Prior to that, Jamie worked as a law clerk at the Supreme Court of Canada and as an associate at a litigation boutique and a large national law firm.

Check out Jamie’s bio here.

Daniel Naymark Presents at OBA Insitute

Daniel Naymark presented at the Ontario Bar Association’s Institute 2019 program on October 6, as part of the Young Lawyer Division panel, Take Control of Your Career: Hard Work Is Not Enough. The program also featured presentations by Deborah Glatter, a management and leadership consultant for lawyers, Paulette Pommells, President and Principal Coach of Creative Choices for the 21st Century Lawyer Inc., and Lina Duque, a social media strategist.

The Webcast Replay is available here (registration fee required).

Terrence Liu Joins CSALC Board of Directors

Terrence Liu has been elected as a director of the Chinese and Southeast Asian Legal Clinic. CSALC is a community based legal clinic funded by Legal Aid Ontario that provides free legal services to low-income individuals from Chinese, Vietnamese, Cambodian and Laotian communities across Ontario. In addition to legal services, CSALC provides public legal education and advocates for law reform on behalf of the communities that it serves through test case litigation, grassroots campaigns, and submissions to all levels of government as well as international human rights bodies.

Terrence Liu joins Naymark Law

Terrence Liu has joined Naymark Law as an associate, after serving an appointment as Senior Policy Advisor to Ontario’s Minister of Economic Development. Before that, Terrence worked as an associate at a prominent Bay Street litigation boutique, clerked at the Court of Appeal for Ontario, and practiced at a large, full-service Bay Street firm.

Check out Terrence's bio here.

Daniel Naymark Wins Precedent Setter Award

Precedent Magazine today announced the winners of the 2018 Precedent Setter Awards, awarded annually to lawyers who have shown excellence and leadership in their first 10 years of practice. Daniel Naymark was among the recipients of this year's awards.