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.
There were four substantive civil decision released this week. The first, Sturino v. Crown Capital Corporation is a priority dispute in the receivership context. The second, Iroquois Falls Power Corporation v. Ontario Electricity Financial Corporation involved a motion to stay a Superior Court order pending the determination of a leave application to appeal to the Supreme Court of Canada (the stay was denied). The third, Silva v.
This article was first published on the Practical Law website and in the PLC Magazine in June 2016.
Challenger banks, which are set up to compete with the larger traditional banks, have seen rapid growth in the wake of increased openness to change in the banking sector and a desire for more consumer choice. Their clever targeting of niche markets is opening up plenty of scope for growth. While this opportunity does not come without difficulties, the rewards for challenger banks that succeed can be considerable.
Hello,
36979 Darin Andrew Randle v. Her Majesty the Queen
(B.C.)
Criminal law – Evidence – “Mr. Big” confessions
Hello everyone,
The Court of Appeal has released a variety of cases this week dealing with such topics as wrongful dismissal, bankruptcy and insolvency, pensions, real estate, and residential landlord and tenant. The most notable decision by far this week is the Groia v. The Law Society of Upper Canada decision in which the court dismissed the member’s appeal from his conviction for professional misconduct. Apparently, according to the Toronto Star, Mr. Groia will be seeking leave to appeal to the Supreme Court of Canada, so this long-running saga is not over yet.
In a pivotal decision released May 19, an Alberta court ruled in favour of Grant Thornton Limited, the Receiver and Trustee in the Redwater Energy Corporation (Redwater) receivership and bankruptcy proceedings, upholding its right to disclaim Redwater’s non-producing oil wells and sell its producing ones. Gowling WLG served as co-counsel to Grant Thornton throughout the proceedings.
Unfortunately for the Landlord community in Canada’s retail space, the flood of retail insolvencies is likely not over. In addition to open speculation about Sears, 2016 has already seen the insolvency of major Canadian retail locations previously occupied by Danier Leather, Aeropostale, PJ Pets, and Goodwill. There are likely more on the horizon.
Hello everyone,
The Court of Appeal had a busy week and released a number of civil decisions, many of which were procedural in nature – extension of time, leave to appeal, limitation periods, Rule 21. One of these procedural decisions was in the Nortel case, in which the court denied leave to appeal Justice Newbould’s trial decision, apparently bringing the matter substantially closer to a conclusion.
Have a nice weekend.
John Polyzogopoulos
Civil Decisions