Ontario Court of Appeal Summaries (November 19 - 23, 2018)

There were six substantive civil decisions released by the Court of Appeal this week. There were many criminal decisions released.

In Wall v. Shaw, the Court determined that there is no limitation period to objecting to accounts in an application to pass accounts in an estates matter. A notice of objection is not a “proceeding” within the meaning of the Limitations Act, 2002.

Filed under:
Canada, Ontario, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Public, Real Estate, White Collar Crime, Blaney McMurtry LLP, Bankruptcy, Statutory interpretation, Fraud, Negligence, Constructive trust, Adverse possession, Unocal Corporation, Supreme Court of Canada
Authors:
John Polyzogopoulos
Location:
Canada
Firm:
Blaney McMurtry LLP
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.

Filed under:
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
Location:
Canada
Firm:
Blaney McMurtry LLP
Mortgage extinguished by time

The bank took a charge on the borrowers’ property. In January 1992, it demanded payment of the balance due under the secured facilities. In June 1992, it made a further formal demand specifically relying on the mortgage. One of the borrowers was subsequently made bankrupt. Periodically, the bank informed the borrowers that they continued to be liable and made demands for payment and referred to the mortgage.

Filed under:
United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Consent, Mortgage loan, Public limited company, Adverse possession, Secured loan, NatWest, Limitation Act 1980 (UK)
Location:
United Kingdom
Firm:
Gowling WLG