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.
As the coronavirus (COVID-19) pandemic continues to shake global markets, it is likely that more companies will need to restructure to address liquidity constraints, to right-size their balance sheets, or to implement operational restructurings. In addition to a potential surge in restructurings, the spread of COVID-19 is already having pronounced impacts on companies planning or pursuing restructurings, and further market turmoil may cause even broader changes to the restructuring marketplace.
Potential Increase in Restructuring Activity
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.
The U.S. Supreme Court held today in Mission Product Holdings, Inc. v. Tempnology, LLC that a trademark licensee may retain certain rights under a trademark licensing agreement even if the licensor enters bankruptcy and rejects the licensing agreement at issue. Relying on the language of section 365(g) of the Bankruptcy Code, the Supreme Court emphasized that a debtor’s rejection of an executory contract has the “same effect as a breach of that contract outside bankruptcy” and that rejection “cannot rescind rights that the contract previously granted.”
Good evening.
Below are summaries of the civil decisions released by the Court of Appeal for Ontario this week.
In a recent decision arising out of the Republic Airways bankruptcy, Judge Sean Lane of the United States Bankruptcy Court for the Southern District of New York held that the liquidated damages provisions of certain aircraft leases were improper penalties and, thus, “unenforceable as against public policy” under Article 2A the New York Uniform Commercial Code. In re Republic Airways Holdings Inc., 2019 WL 630336 (Bankr. S.D.N.Y. Feb. 14, 2019).