David A. Decker

On August 13, 2021, Beard Winter LLP commercial litigation partner David A. Decker obtained summary judgment in favour of Beard Winter clients Team Canada ’72, Ron Ellis and others with respect to a claim brought concerning the team’s 40th Anniversary gala dinner and many autographed Team Canada ’72 jersey numbers signed by most of the members of the team.

Among other things, this decision confirms that under personal property security law, delivery of possession of collateral as security for a debt establishes a perfected security interest in the collateral, even absent any written security agreement or registration under the Ontario Personal Property Security Act.

Summary judgment obtained on July 14, 2020, for more than $11 million, and for possession of three properties.

On June 12, 2020, in Cornerstone Properties Inc. v. Southside Construction Management Limited, 2020 ONCA 380, the Court of Appeal for Ontario dismissed Cornerstone’s appeal from the trial decision of the Honourable Mr. Justice Hockin (2018 ONSC 7487) (see below), finding that Justice Hockin properly considered the issues of piercing the corporate veil and costs payable by a non-party.

Security for costs ordered against plaintiff shell corporation notwithstanding its allegations of impecuniosity.

In Cornerstone Properties Inc. v.  Southside Construction Management Ltd., 2018 ONSC 7487,  Cornerstone sought to recover the costs awarded to it arising from previous litigation against Southside’s wholly-owned subsidiary. To that end, Cornerstone urged The Honourable Mr. Justice Hockin to pierce the corporate veil of the subsidiary. In refusing to do so, Justice Hockin confirmed that, among other things, the subsidiary’s corporate veil could be pierced only where it was being used to facilitate fraudulent or improper conduct. The court also considered whether there was jurisdiction under relevant case law, and the Courts of Justice Act, to order Southside, a non-party to the previous litigation, to pay the costs awarded against Southside’s subsidiary. It was found that there was no such jurisdiction in this case.

Setting aside final order of foreclosure; right of lawyer/litigant to claim legal costs.

Fiduciary duties of departing senior executive relative to a maturing business opportunity,  and disgorgement of profits.

Injunction proceedings regarding judicial sale under mortgage.

Whether an option granted at the time of a mortgage was a clog or a fetter on the equity of redemption and contravened the Planning Act.

Secured creditor’s rights regarding a trademark transfer held to be void as against creditors under Section 2 of the Fraudulent Conveyances Act.

Equitable assignment of legal choses in action (receivables) after sale of assets of corporation.

Injunction proceedings regarding municipal tax sale.

Breach of long-term U.S./Canada supply contract.

Provision of title insurance to answer requisition.

Dismissal for want of prosecution.

Adverse possession and survey law.

Construction of conveyor belt system at Pierre Elliott Trudeau International Airport.

Boundaries Act hearing re: Lake Simcoe land and shoreline.

Formation of immigration trust in Barbados and reassessment of Canadian tax.

Duties of a trustee in bankruptcy in negotiating a sale of property.

Extent of assets secured under debenture.

Construction lien litigation in British Columbia, Ontario and Nova Scotia.

Application for injunction and oppression remedies regarding directors’ duties and powers concerning by-laws of corporation under Canada-Not-For-Profit Corporations Act.

Piercing corporate veil to claim costs awards from previous litigation against sole shareholder of costs debtor.