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.

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.

Good evening.

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

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.

The Government has extended the restrictions in place concerning winding-up petitions and forfeiture of business tenancies until 30 September 2021 and 25 March 2022 respectively.

The extensions will receive a mixed reception, with landlords likely to feel particularly aggrieved at the limitations imposed on their ability to pursue debt (by winding-up petition) in circumstances where the tenant can pay, but won’t pay.

Insolvency practitioners will need to be familiar with three new Statements of Insolvency Practice which were introduced with effect from 1 April 2021.

Companies House temporarily paused their strike off processes in April 2020 in response to the COVID-19 pandemic. The effect of this was to stay all strike off action. The stay was lifted on 10 October 2020 but stayed for a second time on 21 January 2021.

The second stay was lifted on 8 March 2021 and, absent further significant disruption caused by COVID-19, is unlikely to be subject to a further stay.

In Sarjanda Ltd (in liquidation) v Aluminium Eco Solutions Ltd and another [2021] EWHC 210 (Ch), an application to rescind a winding up order was refused where the application had been made over two years outside of the five-day time limit. That level of delay, allegedly caused by the company negotiating payment of its debts, was not a good enough reason for the breach of the time limit.

Practitioners are likely to be familiar with the provisions of The Corporate Insolvency and Governance Act 2020 (“CIGA 2020”) which introduced new permanent measures to complement the insolvency regime as well as a number of temporary measures to support business dealing with the effects of the COVID-19 pandemic.