Good evening.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 7, 2022.
In Ernst & Young Inc. v. Aquino, the court upheld the application judge’s decision to grant the orders the Bondfield monitor and trustee in bankruptcy requiring payments made at undervalue to be repaid. In coming to its decision, the Court applied the corporate attribution doctrine.
This blog entry will be the first in a new, ongoing series of entries in the “Bankruptcy Protector” that will attempt to familiarize new attorneys and non-bankruptcy practitioners with the basic concepts of bankruptcy law of which all lawyers should be aware.
Good afternoon.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 27, 2021. There were only two substantive civil decisions released this week.
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In the ever-churning waters of the Countryman test for determining whether a contract is executory, the United States District Court for the Middle District of Louisiana recently dipped its toe. The question before the court was whether surety bonds issued to an oil and gas company were executory. The district court, upholding the bankruptcy court below, held that they were not. An analysis of this opinion sheds light on why the surety bonds are not executory and provides lessons for both creditors and debtors, alike.
Good evening.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 13, 2021.
Good afternoon.
Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of August 23, 2021.
There were three substantive civil decisions this week. Vu v. Canada (Attorney General) deals with discoverability and limitation periods related to the torts of false arrest and imprisonment. In dismissing the appeal, the Court confirmed the date of an arrest is merely a presumptive date for the commencement of the limitation period – a date that can be rebutted.
Good afternoon.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of June 14, 2021.
In Kelava v. Spadacini, the Court found that a Deputy Judge of the Small Claims Court has the jurisdiction to make a representation order relying on Rule 12 of the ordinary Rules of Civil Procedure by analogy. The overriding consideration in Small Claims Court matters is access to justice.
Good afternoon.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of May 31, 2021.
Good afternoon.
Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.
Good afternoon,
Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.