Good afternoon.
Following are our summaries of last week’s civil decisions of the Court of Appeal for Ontario. Not surprisingly, it was a light week.
Good afternoon.
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.
The court offers guidance on reversing lawful dividend payments and when directors need to take intoaccount creditors’ interests.
On 6 February 2019, the UK Court of Appeal published a judgment in BTI v. Sequana that will impact both creditors and directors of English companies.
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.
Section 423 of the Insolvency Act 1986 continues to be a useful tool available to creditors for challenging transactions at an undervalue.
Section 423 gives the English court the power to set aside a transaction (most notably an asset disposal or a dividend) entered into by a debtor if the value of the consideration received by that debtor is significantly less than the value of the consideration the debtor provides to the other party to the transaction. Creditors ought to bear in mind this power when scrutinising a debtor’s previous actions.