Events
May 06, 2025
At Rush Ihas Hardwick LLP, we believe that continuing professional development and contributing to the legal community are essential parts of what it means to be a leading litigation firm.
On May 6, 2025, our partner Jeffrey W. Robinson demonstrated that commitment as one of three panelists for the Canadian Bar Association – British Columbia Branch (CBABC), Okanagan Civil Litigation Section presentation titled “Top 10 Civil Litigation Cases of 2024.”
Drawing from his deep experience in complex commercial litigation, Mr. Robinson provided insightful analysis of some of the most significant Court of Appeal and Supreme Court of Canada decisions of the past year — with practical commentary on how these rulings will impact BC civil litigators in the years ahead.
The Cases: Key Themes from Mr. Robinson’s Presentation
Mr. Robinson’s portion of the presentation highlighted three leading cases:
Release of Debts on Bankruptcy Discharge
Poonian v. British Columbia (Securities Commission), 2024 SCC 28
Mr. Robinson explained the Supreme Court’s clarification of Bankruptcy and Insolvency Act sections 178(1) and 178(2):
- Administrative penalties are released on bankruptcy discharge because they are not “imposed by a court” and are not debts “arising directly from the fraud”.
- Disgorgement orders, however, do survive bankruptcy where they directly represent amounts obtained by the debtor through fraudulent conduct.
Takeaway: This decision is highly relevant for insolvency counsel and anyone dealing with regulatory penalties in bankruptcy contexts.
Corporate Attribution Doctrine
Aquino v. Bondfield Construction Co., 2024 SCC 31
Mr. Robinson unpacked the Supreme Court’s nuanced approach to attributing a corporate directing mind’s intent to the corporation:
- Even where the directing mind’s actions were in fraud of the corporation, attribution may be appropriate — particularly when needed to serve the remedial purposes of BIA section 96 (recovering transfers made with intent to defraud creditors).
- The doctrine remains “purposive, contextual, and pragmatic” — not a one-size-fits-all rule.
Takeaway: This decision will shape how courts apply corporate attribution in future fraud and insolvency litigation.
Potential Duty to Protect Personal Information
G.D. v. South Coast British Columbia Transportation Authority (TransLink), 2024 BCCA 252
Mr. Robinson highlighted the BC Court of Appeal’s important privacy decision:
- Privacy Act tort allowed to proceed — even reckless indifference to data security may constitute a “wilful” privacy violation.
- Common law negligence claim also allowed to proceed — the employer-employee relationship may support a proximity-based duty of care to protect personal information.
- Court emphasized strong policy concerns around data privacy in today’s digital environment.
Takeaway: This case is a must-read for all counsel dealing with data breaches and privacy litigation.
A Reflection of Our Firm’s Values
Mr. Robinson’s participation in this high-profile panel presentation reflects values that define Rush Ihas Hardwick LLP:
- Commitment to continuing legal education — ensuring our lawyers stay at the forefront of legal developments.
- Dedication to community leadership — sharing knowledge and strengthening the local litigation bar.
- Excellence in complex litigation — bringing deep subject-matter expertise to evolving areas such as insolvency, corporate misconduct, and data privacy.
As the first commercial litigation boutique in the British Columbia interior, Rush Ihas Hardwick LLP is proud to contribute to the vital conversations shaping the future of civil litigation in this province.