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Podular Homes: Court of Appeal unanimously overturns High Court decision on equitable liens in liquidation

In a judgment issued yesterday (Francis v Gross [2024] NZCA 528), the Court of Appeal unanimously overturned the controversial High Court decision in Francis v Gross [2023] NZHC 1107 and held that purchasers of partly constructed modular buildings (pods) did not have equitable liens (at all, and especially not in priority to secured creditors) over those pods.

New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
Court of Appeal summaries (April 15 - April 19)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.

Canada, Ontario, Company & Commercial, Family, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Personal Injury, Professional Negligence, Blaney McMurtry LLP, Abbott Laboratories, European Securities and Markets Authority, Supreme Court of Canada, Court of Appeal for Ontario
No right of avoidance for German insolvency administrators acting in breach of good faith

An insolvency administrator may lose their right to restitution arising from an insolvency avoidance if they are prevented from exercising the right in good faith by their conduct in the context of the conclusion of a redemption agreement, by which the creditor (and opposing party) waives rights to separate satisfaction.

Decision

Germany, Insolvency & Restructuring, Litigation, Taylor Wessing, Good faith, Insolvency
Court of Appeal summaries (January 15 - January 19)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.

Canada, USA, Ontario, Banking, Company & Commercial, Derivatives, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Due diligence, Barclays, Commodity Futures Trading Commission (USA), FERC, HSBC, Bank of Nova Scotia, Competition Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
Court of Appeal summaries (December 18-22)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.

Canada, Ontario, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Real Estate, Blaney McMurtry LLP, Due diligence, ESG, Court of Appeal for Ontario
Court of Appeal summaries (September 4 - September 8)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.

In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.

Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.

Canada, USA, Ontario, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Bankruptcy, Court of Appeal for Ontario
Court of Appeal summaries (August 28 - September 1)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.

I hope everyone is enjoying the last long weekend of the summer.

Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.

Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Public, Real Estate, Blaney McMurtry LLP, Confidential information, Court of Appeal for Ontario
Court of Appeal summaries (July 17 - July 21, 2023)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.

Canada, USA, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Due diligence, Court of Appeal for Ontario, British Columbia Supreme Court
Court of Appeal summaries (may 22, 2023 - may 26, 2023)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023.

Canada, Ontario, Banking, Capital Markets, Company & Commercial, Employment & Labor, Human Rights, Insolvency & Restructuring, Litigation, Public, Blaney McMurtry LLP, Mediation, Litigation funding, Anti-bribery and corruption, Corruption of Foreign Public Officials Act 1998 (Canada), Court of Appeal for Ontario
Court of Appeal summaries (April 24, 2023 - April 28, 2023)

Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.

Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, IT & Data Protection, Litigation, Real Estate, Blaney McMurtry LLP, Insolvency