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    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
    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
    Is unfair prejudice caused by a private equity investor invoking enhanced voting rights upon insolvency?
    2023-02-16

    In a recent judgment (Durose & Ors v Tagco BV & Ors [2022] EWHC 3000 (Ch)), the Court was asked to decide whether the actions of a private equity investor demonstrated "unfair prejudice". In this insight we cover what steps companies should take in light of the Court's ruling.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Gowling WLG, Private equity, Articles of association, Insolvency
    Authors:
    Catherine Naylor , Sean Adams
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    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
    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
    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
    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
    Supreme Court of Canada rules construction arbitration agreement “inoperative” in the face of insolvency proceedings
    2023-02-09

    The Supreme Court of Canada's ("SCC") recent decision in Peace River Hydro Partners v.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Gowling WLG, Receivership, Supreme Court of Canada, British Columbia Court of Appeal
    Authors:
    Sahil Shoor , Michael Piaseczny
    Location:
    Canada
    Firm:
    Gowling WLG
    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
    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

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