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Hong Kong Court of First Instance follows the Guy Lam approach notwithstanding the recent English Privy Council's decision in Sian Participation

We recently blogged (here) about the Privy Council decision of Sian Participation Corporation (In Liquidation) v Halimeda InternationalLtd [2024] UKPC 16 (

Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidation
Hong Kong Court of Appeal clarifies effect of Arbitration Clauses on insolvency proceedings

In highly-anticipated twin rulings, the Hong Kong Court of Appeal has confirmed the approach which should be taken when a debtor opposes insolvency proceedings on the basis of a defence or claim which is subject to an arbitration clause (Re Simplicity & Vogue Retailing (HK) Co., Limited [2024] HKCA 299; Re

Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Arbitration clause, Insolvency
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
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