Following are this week’s summaries of the civil decisions of Court of Appeal for Ontario for the week of March 27 to 31, 2023. There were only two substantive decisions. One was a commercial leasing matter, and the other was a receivership matter.

Table of Contents

Civil Decisions

Jagtoo & Jagtoo, Professional Corporation v. Grandfield Homes Holdings Limited, 2023 ONCA 214

In Sanofi-Aventis U.S. LLC v. Mallinckrodt PLC,¹ the United States District Court for the District of Delaware ruled that a debtor that purchased intellectual property under a prepetition asset purchase agreement could continue to retain and use the property post-confirmation while discharging its obligations to pay any future royalties otherwise owed. The decision highlights the importance of structuring transactions up-front to minimize the consequences of future bankruptcies.

Background

On September 8, 2022, a three-judge panel in the United States Court of Appeals for the Second Circuit (the “Second Circuit”) reversed the United States District Court for the Southern District of New York (the “District Court”) when it determined that lenders of a syndicated loan facility to Revlon, Inc.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of November 14, 2022.

In Matter of J.C. Penney Direct Marketing Services, L.L.C.,¹ the United States Fifth Circuit Court of Appeals clarified the extremely deferential standard afforded to a debtor’s “business judgment” decision to reject an unexpired lease under section 365 of the Bankruptcy Code and affirmed the Bankruptcy Court’s ruling allowing rejection of a ground lease notwithstanding allegations of a debtor-sublessor’s bad faith dealings in its negotiations with a sublessee.

Background

Good evening.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 26, 2022.

Good afternoon.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 12, 2022.

In Optiva Inc. v. Tbaytel, the Court dismissed the appeal from an arbitrator’s decision granting summary judgment. The arbitrator had the authority to proceed by summary judgment motion, as the arbitration agreement gave the arbitrator broad powers to determine the procedure to be employed.

Good afternoon.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 22, 2022.

In Mundo Media Ltd. (Re), the Court refused leave to appeal in a bankruptcy case where a debtor of the bankrupt sought to stay the bankruptcy proceeding in favour of international arbitration. The single proceeding model permits a bankruptcy court to override arbitration agreements.

On July 29, 2022, Laurie S.

Good afternoon. Here are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 8, 2022.