Is a common business enterprise sufficient to prevent a bank from being defrauded?

Ontario, Canada


The following excerpt is from Zentner v. GFA World, 2022 ONSC 1683 (CanLII):

In First Gulf Bank v. Collavino Incorporated, 2013 ONSC 4630, the court addressed a theory of liability advanced in that case based on a common business enterprise, at paras. 113: However, to pierce the corporate veil it is not sufficient that companies act in concert in a common business enterprise were that one entity controls the operations and structure of the group of companies. Moreover, little value is added to the argument by merely demonstrating that members in the group of companies have similar names, have changed their names, share and inter-mingle assets, have a common logo, trade off the same reputation, have the same business address, or use company names interchangeably. More is needed. There must be a corporate entity set up as a sham to facilitate wrongdoing and to shield the corporate shareholders from liability for existing indebtedness.

Other Questions


Does a condominium corporation have an interest in common common interest with other condominium residents? (Ontario, Canada)
What is the test for a motion to sustain a common law common law tort for breach of a statutory requirement? (Ontario, Canada)
What constitutes constructive dismissal in common law Canadian common law? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
What is the common law common law authorizes a search incident to a lawful arrest? (Ontario, Canada)
Does a fiduciary have to have informed consent to pursue a business opportunity that conflicts with the business of the company? (Ontario, Canada)
What is the test for the use of a motion of common law common law for unjust enrichment? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada? (Ontario, Canada)
In what circumstances will a court order a preservation order for a business owner who has not provided sufficient financial information to support his wife? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.