As the COVID-19 pandemic and related global economic slowdown continues, corporate insolvencies are on the rise —and so too is the need for capital to pursue insolvency-related claims. Litigation and arbitration claims are often high value assets of insolvent estates and can be used to generate income during difficult financial times. However, substantial economic resources are usually required to realize their full value. This is where dispute financing provides an important tool at the insolvency practitioner’s disposal.
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Following are our summaries of last week’s civil decisions of the Court of Appeal for Ontario. Not surprisingly, it was a light week.
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Please find below our summaries of this past week’s civil decisions of the Court of Appeal for Ontario. Topics covered included insurance broker negligence, zoning (use) bylaw enforcement, the wrongful termination of a commercial lease and the automatic right of appeal of bankruptcy orders.
Good afternoon.
Following are this week’s summaries of the Court of Appeal for Ontario.
In Thistle v Schumilias, an insurer refused to pay out on a life insurance policy on the basis that the insured had failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company and during that litigation became aware of the potential professional negligence of the insurance agent who sold the policy.
Good afternoon.
Following are this week’s summaries of the Court of Appeal for Ontario.
In Armstrong v. Royal Victoria Hospital, the plaintiff was seriously injured during a colectomy surgery. The trial judge found the doctor who completed the surgery negligently caused the plaintiff’s injuries. The doctor appealed this liability finding, arguing that the trial judge erred by (i) establishing a standard of perfection; and (ii) conflating the causation and standard of care analysis.
Good evening.
Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.
Good evening,
Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.
Good evening.
Below are summaries of the civil decisions released by the Court of Appeal for Ontario this week.
There is now a divergence between New South Wales and Victorian authority on whether a company in liquidation may make a claim under Security of Payment legislation. The common law position in NSW is now that a company in liquidation can bring a Security of Payment claim. This decision will be rendered somewhat academic in NSW following enactment of legislation to come into force on a (currently unspecified) date in 2019 which has the effect of overriding this decision.
There were six substantive civil decisions released by the Court of Appeal this week. There were many criminal decisions released.
In Wall v. Shaw, the Court determined that there is no limitation period to objecting to accounts in an application to pass accounts in an estates matter. A notice of objection is not a “proceeding” within the meaning of the Limitations Act, 2002.