APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

37268

Joseph Palazzo v. Standard Life Assurance Company of Canada

(Que.)

Civil Procedure – Appeal – Prescription

The Applicant was an employee of the Respondent from 1968 to 2009. In 1980, the Applicant began selling life insurance and investment products of the Respondent until his retirement on May 1, 2009. During his employment as a sales representative, the Applicant was paid on a commission basis only.

The U.S. Court of Appeals for the Second Circuit issued its ruling in Marblegate Asset Management, LLC v. Education Management Corp. that provided much needed clarity to creditors and issuers involved in out-of-court restructurings affecting noteholders. The issue for the court was whether Education Management Corp. (“EDMC”) violated the Trust Indenture Act (the “TIA”) when it implemented a restructuring that impaired the rights of one of its unsecured noteholders, Marblegate Asset Management, LLC (the “Noteholder”).

ITALY

BANCA MONTE DEI PASCHI DI SIENA SpA

Monte dei Paschi di Siena (“Monte Paschi”) founded in 1472 and said to be the oldest bank in the world is, at the time of publication, in a race against the clock to raise EUR 5 billion in capital by the end of December to avoid either a state bail-out or potentially being wound down by the European Central Bank (“ECB”).

On 1 December 2016, the current president and Socialist leader, Francois Hollande, decided not to seek a second term as President of France. Mr. Hollande is the first French President to decide not to run for a second term.

Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

Uncrystallised pension pot remains protected following bankruptcy

The Court of Appeal resolves some of the conflict between insolvency and pensions law in its decision on Horton v Henry.

The Court of Appeal has upheld the High Court decision of the Deputy Judge in Horton v Henry (2014) confirming that a trustee in bankruptcy cannot access uncrystallised funds in a bankrupt's pension arrangements (or force the bankrupt to access them himself).

The economies of the United States and Canada are closely intertwined. As operations expand across the border, so too do the complexities associated with carrying on business — particularly the insolvency of a company spanning both jurisdictions. As such, understanding how to navigate the complexities of Canadian insolvency regimes is essential to successfully doing business in the country.

37026  Steven Paul Boone v. Her Majesty the Queen

(Ont.)

Criminal law – Offences – Elements of offence

The recent decision of the Ontario Court of Appeal in Crate Marine Sales ¹serves as a reminder regarding the trigger for the obligation of a court appointed receiver to pay occupation rent.

Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.