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Topics covered by the Court of Appeal this week in its civil decisions included franchise law (duty of disclosure), employment law (WSIB and wrongful dismissal of dependent contractors), insolvency (statutory privilege of documents), debtor-creditor (capacity to execute guarantees), MVA (liability of automobile lessors), family law (property claims of unmarried common law spouses), contracts (interpretation and specific performance), and motions to strike for no reasonable cause of action (a claim by a lawyer against the Law Society and a securities class action).

In Stevensdrake Ltd v Hunt and others [1] the liquidator of Sunbow Limited, Mr Hunt, had brought a claim against Sunbow's former administrators. Mr Hunt entered into a conditional fee agreement (CFA) with the solicitors instructed to pursue the claim (Stevensdrake). The CFA stated "if you [Mr Hunt] win your claim, you pay our basic charges, our disbursements and a success fee". A settlement was agreed but one of the former administrators failed to pay the agreed sum.

The definition of a contract for the sale of goods under the Sale of Goods Act 1979 (SOGA) is one in which the seller transfers the property in the goods to the buyer for money consideration, i.e. the price.

Under section 49 of SOGA, an unpaid seller can claim for the price of the goods if either: (1) the property in the goods has passed to the buyer; (2) or payment of the price is expressed to be payable on a certain day irrespective of delivery

In Brooks and another v Armstrong [1], joint liquidators applied for orders against directors of the insolvent company (the Company) under section 214 of the Insolvency Act 1986 (the Act) (the wrongful trading provision) and for remedies to be awarded against delinquent directors under section 212 of the Act.

On 1 April 2015, an estimated 5,000 private landlords across Liverpool were affected by the implementation of a city-wide selective licensing scheme. Whilst Liverpool is the first major city to introduce the scheme city-wide, several local authorities have adopted selective licensing for their boroughs including the London Boroughs of Newham, Hackney, Croydon and Brent. 

Following on from our earlier advice on enforcing money judgments, Walker Morris’ banking litigators answer some more frequently asked questions.

Client Question 3

I have heard that I can enforce a money judgment via a third party debt order or an attachment of earnings.  What are these and what are the advantages/disadvantages?

Walker Morris Answer

Original Newsletter(s) this article was published in: Blaneys on Business Bulletin: June 2015

The courts in Ontario and Delaware have decided who is to be paid what from the more than $7.1 billion available to meet creditors’ claims in the Nortel Networks insolvency, closing the 120-year-old book on Canada’s first global research, development and technology enterprise.

The biggest insolvency in national retailing history, Target stores’ Canadian subsidiary, is scheduled to take key steps on the road to resolution this month and over the summer.

Target Canada applied for protection under the Companies’ Creditors Arrangement Act (CCAA) last January 15 so that it could restructure and liquidate. It then closed all its 133 stores, eliminating the jobs of more than 14,000 employees and leaving its landlords and almost 1,800 other suppliers on the hook for close to $3 billion.