A recent Supreme Court of Canada case highlights the importance
of procedural and substantive decisions where restitutionary
damages are to be calculated on an aggregate basis. These issues
are particularly acute in cases that seek to recover damages from a
large scale fraud.
In
Christine DeJong Medicine Professional Corp v. DBDC
Spadina Ltd., 2019 SCC 30
("DeJong"), the litigation
arose from a complex multi-million dollar commercial real-estate
fraud perpetrated by Norma Walton and her husband over several
years. They conned their victims into investing in various
commercial real estate projects, where each project was held by a
specific project company. Although the Waltons committed to invest
equal amounts side by side with their victims, in reality, it was
simply a shell game or Ponzi scheme with Mrs. Walton moving the
investors' money between the various project companies with
none of the Waltons' funds at risk. In moving money between the
companies in breach
