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    Court of Appeals Summaries (September 19 - 23, 2016)
    2016-09-23

    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.

    Filed under:
    Canada, Ontario, Banking, Family, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Blaney McMurtry LLP
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Applications for leave to appeal dismissed - 5 May 2016
    2016-05-05

    36778   Ad Hoc Group of Bondholders v. Ernst & Young Inc. in its capacity as Monitor et al.

    (ON)

    Commercial law – Bankruptcy and insolvency – Interest

    Filed under:
    Canada, Ontario, Arbitration & ADR, Crime, Employment & Labor, Family, Human Rights, Insolvency & Restructuring, Insurance, Litigation, Public, Tax, Trademarks, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, K.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Blaneys Ontario Court of Appeal Summaries (May 2-6, 2016)
    2016-05-06

    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

    Filed under:
    Canada, Ontario, Company & Commercial, Construction, Family, Franchising, Insolvency & Restructuring, Litigation, Professional Negligence, Real Estate, Shipping & Transport, Wills & Probate, Blaney McMurtry LLP, Statute of limitations, Informed consent, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Applications for leave to appeal dismissed - 21 April 2016
    2016-04-21

    36728    Enmax Power Corporation, Altalink Management Ltd., in its capacity as general partner of Altalink, L.P., EPCOR Distribution & Transmission Inc. v. Alberta Utilities Commission, Office of the Utilities Consumer Advocate of Alberta

    - and between -

    FortisAlberta Inc., Altagas Utilities Inc., ATCO Gas and Pipelines Ltd., ATCO Electric Ltd. v. Alberta Utilities Commission, Office of the Utilities Consumer Advocate of Alberta

    Filed under:
    Canada, Company & Commercial, Crime, Employment & Labor, Family, Insolvency & Restructuring, Insurance, Litigation, Private Client & Offshore Services, Public, Shipping & Transport, Tax, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, K.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Court of Appeal summaries (January 25, 2016-January 29, 2016)
    2016-01-29

    Hello All,

    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).

    Filed under:
    Canada, Ontario, Capital Markets, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Blaney McMurtry LLP, Class action, Wrongful dismissal, Common law
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Court of Appeal summaries (December 6- 11)
    2015-12-12

    Hello again for another week,

    Filed under:
    Canada, Employment & Labor, Family, Healthcare & Life Sciences, Insolvency & Restructuring, Legal Practice, Litigation, Non-profit Organizations, Private Client & Offshore Services, Real Estate, Blaney McMurtry LLP
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Keeping it in the family: standing of a trustee in bankruptcy to set aside a financial agreement
    2017-12-12

    1. Section 90K(1)(aa) of theFamily Law Act1975 (Cth) provides that a court may set aside a financial agreement if the court is satisfied that a party to the agreement entered into the agreement for purposes including the purpose of defrauding or defeating creditors, or with reckless disregard to the interests of the creditors.

    Filed under:
    Australia, Family, Insolvency & Restructuring, Litigation, McCabe Curwood, Bankruptcy, Trustee
    Authors:
    Andrew Lacey
    Location:
    Australia
    Firm:
    McCabe Curwood
    Asset protection: reducing the amount available to creditors or ex husbands and wives
    2014-05-08

    I           INTRODUCTION

    The ultimate aim of the Bankruptcy Act 1996 (Cth) is to provide a fair and orderly process for the administration of the affairs of a debtor.  In many circumstances the debtor may attempt to avoid his obligations to some or all of his creditors.  The Bankruptcy Act recognises this and has long had provisions which empower trustees in bankruptcy to recover certain assets of a bankrupt.  The two types of powers given to the trustee are where:

    Filed under:
    Australia, Family, Insolvency & Restructuring, 13 Wentworth Selborne Chambers, Bankruptcy, Asset protection, Federal Court of Australia
    Location:
    Australia
    Firm:
    13 Wentworth Selborne Chambers
    Key Legislative and Regulatory Developments in Singapore for the Year 2015
    2016-02-01

    CLIENT UPDATE 2016 FEBRUARY 1 © Rajah & Tann Singapore LLP Key Legislative and Regulatory Developments in Singapore for the Year 2015 This Update provides a brief summary of the key statutory and regulatory developments in Singapore for the year 2015.

    Filed under:
    Singapore, Arbitration & ADR, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Energy & Natural Resources, Family, Insolvency & Restructuring, Insurance, Litigation, Public, Real Estate, Tax, Rajah & Tann Asia
    Location:
    Singapore
    Firm:
    Rajah & Tann Singapore LLP
    Applications for leave to appeal dismissed - 23 April 2015
    2015-04-23

    36153 Ryan Glenn Ziegler v. Her Majesty the Queen (Criminal law – Dangerous offender)

    Filed under:
    Canada, Banking, Crime, Employment & Labor, Family, Immigration, Insolvency & Restructuring, Insurance, Litigation, Patents, Tax, Gowling WLG
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, K.C.
    Location:
    Canada
    Firm:
    Gowling WLG

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