Good afternoon.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of March 21, 2022.

Areas of law covered in the cases this week included bankruptcy and insolvency (setting aside discharge from bankruptcy and after-acquired property), municipal liability for building inspections, two child protection decisions, guarantees and a partnership dispute.

Wishing everyone an enjoyable weekend.

Table of Contents

Civil Decisions

Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 14, 2022.

Topics covered this week included property of a bankrupt (beneficial interest in trust property), testamentary capacity and extensions of time to perfect appeals.

Wishing everyone an enjoyable weekend.

Table of Contents

Civil Decisions

Good evening.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 7, 2022.

In Ernst & Young Inc. v. Aquino, the court upheld the application judge’s decision to grant the orders the Bondfield monitor and trustee in bankruptcy requiring payments made at undervalue to be repaid.  In coming to its decision, the Court applied the corporate attribution doctrine.

Zhaoheng Hydropower (Hong Kong) Limited (In Liquidation) [2022] HKCFI 248 (date of decision: 20 January 2022)

Introduction

Good afternoon.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 27, 2021. There were only two substantive civil decisions released this week.

海航集团有限公司（于中国内地重整） [2021] HKCFI 2897（裁决日期：2021 年 9 月 16 日） 

前言

海航集团有限公司（一家总部设在海南的大型企业，下称“公司”）的内地重整程序最近在香港获得认可。这是香港法院首次向 内地重整程序的破产管理人颁发认可令的案例。 

HNA Group Co., Limited (in Reorganisation in the Mainland of the People's Republic China) [2021] HKCFI 2897 (Date of Decision: 16 September 2021)

Introduction

Good evening.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 13, 2021.

Grand Peace Group Holdings Limited [2021] HKCFI 2361 (Date of Decision: 24 August 2021)

Up Energy Development Group Limited [2021] HKCFI 2595 (Date of Decision: 31 August 2021)

Introduction

The vast majority of listed companies in Hong Kong are incorporated offshore, with a corporate structure that the operating and asset owning subsidiaries in Mainland China are held through intermediate subsidiaries incorporated in offshore jurisdictions such as BVI and Cayman Islands etc.

Good afternoon.

Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of August 23, 2021.

There were three substantive civil decisions this week. Vu v. Canada (Attorney General) deals with discoverability and limitation periods related to the torts of false arrest and imprisonment. In dismissing the appeal, the Court confirmed the date of an arrest is merely a presumptive date for the commencement of the limitation period – a date that can be rebutted.