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Blaneys Ontario Court of Appeal Summaries

Good evening,

Below are this week’s summaries of the civil decisions of the Court of Appeal.

Topics this week included personal injury, family law, employment law, property law, mortgages, bankruptcy and insolvency and extensions of time to appeal.

Have a nice weekend.

Canada, Ontario, Banking, Employment & Labor, Family, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Mortgage loan, Court of Appeal for Ontario
Proposed Amendments to Insolvency Legislation Granting Super-priority to Pension Plan Deficits and Employee Benefits

This fall, the NDP and the Bloc Québécois (“Bloc”) have both introduced private member’s bills seeking to amend the Bankruptcy and Insolvency Act(“BIA”) and the Companies’ Creditors Arrangement Act (“CCAA”).

Canada, Quebec, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Unemployment benefits, Canada Pension Plan Act 1985, Bankruptcy and Insolvency Act 1985 (Canada)
Blaneys Ontario Court of Appeal Summaries

Below are this week’s summaries of the civil decisions of the Court of Appeal.

Congratulations to our very own Bill Anderson for succeeding on our client’s appeal in Holmes v. Hatch Ltd., 2017 ONCA 880.

In this Employment law decision, the Court of Appeal allowed the appeal from the motion judge’s decision granting summary judgment against our client on the basis that the motion judge was not at liberty to find liability on a legal theory that was not pleaded by the plaintiff and which our client did not have an opportunity to properly address in the evidence.

Canada, Ontario, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Litigation, Personal Injury, Planning, Real Estate, Shipping & Transport, Blaney McMurtry LLP, Conflict of laws, Class action, Court of Appeal for Ontario
Crown priority under section 222(3) of the Excise Tax Act

We have recently profiled conflicting cases (available here and here) dealing with a priority contest between supe

Canada, Insolvency & Restructuring, Litigation, Tax, McCarthy Tétrault LLP, Bankruptcy, Debtor, Excise, Secured creditor, Canada Revenue Agency, Income-Tax Act 1961 (India), Supreme Court of Canada, Federal Court of Appeal (Canada)
Blaneys Ontario Court of Appeal Summaries

Good evening.

Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Insurance, Litigation, Public, Real Estate, White Collar Crime, Blaney McMurtry LLP, Conflict of interest, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
Blaneys Ontario Court of Appeal Summaries

Good evening.

Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

Canada, Ontario, Company & Commercial, Family, Insolvency & Restructuring, Intellectual Property, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
Alberta Court of Queen’s Bench Reiterates Court’s Discretion to Grant an Interim Financing Charge “Super-Priority” Status in the Face of a Deemed Trust Under the Income Tax Act

This blog’s most recent post considered the Supreme Court of Nova Scotia’s June 2017 decision of Rosedale Farms Limited, Hassett Holdings Inc., Resurgam Resources (Re) (“Rosedale”) where the Cou

Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Secured creditor, Canada Revenue Agency, Bankruptcy and Insolvency Act 1985 (Canada)
Deemed Trust for Unremitted Withholdings Trumps Interim Financing Charge in Recent Nova Scotia Supreme Court Decision

In the recent decision of Rosedale Farms Limited, Hassett Holdings Inc., Resurgam Resources (Re) (“Rosedale”), the Supreme Court of Nova Scotia held that a deemed trust for unremitted withholdings under sections 227(4)

Canada, Nova Scotia, Alberta, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Canada Revenue Agency, Bankruptcy and Insolvency Act 1985 (Canada)
Alberta Court clarifies ranking of linear property tax claims

A recent unreported decision in the Alberta Court of Queen’s Bench has clarified the ranking of certain municipal tax claims against a bankrupt in Alberta. In Bank of Nova Scotia et al v. Virginia Hills Oil Corp.

Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP, Bankruptcy, Property tax, Bankruptcy and Insolvency Act 1985 (Canada)
Blaneys Ontario Court of Appeal Summaries

Good evening.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.

Canada, Ontario, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Punitive damages, Wrongful dismissal, Adverse possession, Court of Appeal for Ontario