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Court of Appeal summaries (September 4 - September 8)
2023-09-08

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.

In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.

Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.

Filed under:
Canada, USA, Ontario, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Bankruptcy, Court of Appeal for Ontario
Authors:
John Polyzogopoulos
Location:
Canada, USA
Firm:
Blaney McMurtry LLP
View Original Article
Ontario Court of Appeal: A debtor's assurances may prolong the discoverability of a creditor's claim for non-payment
2022-08-23

Understanding limitation periods are of crucial importance in the construction industry, particularly when a contractor is faced with unpaid invoices for services or materials rendered. The Ontario Court of Appeal stepped back into the spotlight in this regard with its decision in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, in holding that a defendant's assurances may prolong the "discoverability" of a claim for non-payment.

Background

Filed under:
Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Court of Appeal for Ontario
Authors:
Sahil Shoor , Michael Piaseczny
Location:
Canada
Firm:
Gowling WLG
View Original Article
Ontario Court of Appeal: A debtor's assurances may prolong the discoverability of a creditor's claim for non-payment
2022-08-23

Understanding limitation periods are of crucial importance in the construction industry, particularly when a contractor is faced with unpaid invoices for services or materials rendered. The Ontario Court of Appeal stepped back into the spotlight in this regard with its decision in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, in holding that a defendant's assurances may prolong the "discoverability" of a claim for non-payment.

Background

Filed under:
Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Court of Appeal for Ontario
Authors:
Sahil Shoor , Michael Piaseczny
Location:
Canada
Firm:
Gowling WLG
View Original Article
Court of Appeal summaries (July 17 - July 21, 2023)
2023-07-21

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.

Filed under:
Canada, USA, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Due diligence, Court of Appeal for Ontario, British Columbia Supreme Court
Authors:
John Polyzogopoulos
Location:
Canada, USA
Firm:
Blaney McMurtry LLP
View Original Article
Ontario Court of Appeal: A debtor's assurances may prolong the discoverability of a creditor's claim for non-payment
2022-08-23

Understanding limitation periods are of crucial importance in the construction industry, particularly when a contractor is faced with unpaid invoices for services or materials rendered. The Ontario Court of Appeal stepped back into the spotlight in this regard with its decision in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, in holding that a defendant's assurances may prolong the "discoverability" of a claim for non-payment.

Background

Filed under:
Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Court of Appeal for Ontario
Authors:
Sahil Shoor , Michael Piaseczny
Location:
Canada
Firm:
Gowling WLG
View Original Article
Ontario Court of Appeal: A debtor's assurances may prolong the discoverability of a creditor's claim for non-payment
2022-08-23

Understanding limitation periods are of crucial importance in the construction industry, particularly when a contractor is faced with unpaid invoices for services or materials rendered. The Ontario Court of Appeal stepped back into the spotlight in this regard with its decision in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, in holding that a defendant's assurances may prolong the "discoverability" of a claim for non-payment.

Background

Filed under:
Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Court of Appeal for Ontario
Authors:
Sahil Shoor , Michael Piaseczny
Location:
Canada
Firm:
Gowling WLG
View Original Article
Ontario Court of Appeal: A debtor's assurances may prolong the discoverability of a creditor's claim for non-payment
2022-08-23

Understanding limitation periods are of crucial importance in the construction industry, particularly when a contractor is faced with unpaid invoices for services or materials rendered. The Ontario Court of Appeal stepped back into the spotlight in this regard with its decision in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, in holding that a defendant's assurances may prolong the "discoverability" of a claim for non-payment.

Background

Filed under:
Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Court of Appeal for Ontario
Authors:
Sahil Shoor , Michael Piaseczny
Location:
Canada
Firm:
Gowling WLG
View Original Article
Ontario Court of Appeal: A debtor's assurances may prolong the discoverability of a creditor's claim for non-payment
2022-08-23

Understanding limitation periods are of crucial importance in the construction industry, particularly when a contractor is faced with unpaid invoices for services or materials rendered. The Ontario Court of Appeal stepped back into the spotlight in this regard with its decision in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, in holding that a defendant's assurances may prolong the "discoverability" of a claim for non-payment.

Background

Filed under:
Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Court of Appeal for Ontario
Authors:
Sahil Shoor , Michael Piaseczny
Location:
Canada
Firm:
Gowling WLG
View Original Article
Faithless Fiduciaries May Not Be Released From Bankruptcy
2023-06-19

In Convoy Supply Ltd. v.

Filed under:
Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
Authors:
Andrew Kalamut
Location:
Canada
Firm:
McCarthy Tétrault LLP
View Original Article
Ontario Court of Appeal: A debtor's assurances may prolong the discoverability of a creditor's claim for non-payment
2022-08-23

Understanding limitation periods are of crucial importance in the construction industry, particularly when a contractor is faced with unpaid invoices for services or materials rendered. The Ontario Court of Appeal stepped back into the spotlight in this regard with its decision in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289, 2022 ONCA 186, in holding that a defendant's assurances may prolong the "discoverability" of a claim for non-payment.

Background

Filed under:
Canada, Ontario, Insolvency & Restructuring, Litigation, Gowling WLG, Court of Appeal for Ontario
Authors:
Sahil Shoor , Michael Piaseczny
Location:
Canada
Firm:
Gowling WLG
View Original Article

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