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Scaling back investigative power

Thursday, October 01, 2015 @ 8:00 PM | By Michael Nowina and Frank Spizzirri

In Akagi v. Synergy Group (2000) Inc. [2015] ONCA 368, the Court of Appeal for Ontario set aside a series of ex parte orders made by Toronto’s Commercial List Court granting broad investigative powers to a court-appointed receiver. The case arose out of Trent Akagi’s contribution to a tax loss allocation scheme that was marketed and sold by the Synergy Group (2000) Inc. In June 2013, he obtained a default judgment for fraud for approximately $137,000 and applied for an ex parte order appointing a receiver...