Munaf Mohamed, Michael Mysak and Aoife McManus write on the Supreme Court of Canada's (SCC) decision in Christine DeJong Medicine Professional Corp v DBDC Spadina Ltd, in Commercial Litigation and Arbitration Review. The case was heard on appeal from the Ontario Court of Appeal.
In a short judgment, the SCC allowed the appeal and adopted, in its entirety, the decision of the dissenting judge in the Court of Appeal. The net result is a strong restatement of a balanced approach to fraud victims that avoids favouring one set of victims over another.