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CHU de Quebec-Universite Laval v. Tree of Knowledge International Corp.

Simon Bieber, Cameron Rempel, Caroline Harrell, and Ana Qarri acted as appeal counsel for a corporate director found personally liable at trial for civil fraud after Tree of Knowledge International Corp. failed to deliver N95 masks pursuant to a contract. The case provides important clarification for litigants pursuing or defending fraud claims made against individuals operating through corporations. The Court of Appeal for Ontario ultimately dismissed the appeal, holding that a corporation’s directing minds can be personally liable if they commit civil fraud, irrespective of whether their conduct is independently tortious or exhibits a separate identity or interest from that of the corporation.