In a recent judgment, Justice Doyle considered the principles applicable in agreeing to adjourn the hearing of a winding up petition. He granted only a short adjournment to allow opposing experts time to prepare a joint memorandum to assist the Court in determining issues related to the standing of the petitioner and issues in relation to its debt. The debtor's application for a longer adjournment was dismissed.
Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.
De rechtbank Noord-Holland heeft recent beslist dat een moeder en zoon aansprakelijk zijn voor het boedeltekort van een failliet beleggingsfonds omdat zij hun taak als (defacto) bestuur onbehoorlijk hebben vervuld (Rechtbank Noord-Holland 8 februari 2023, ECLI:NL:RBNHO:2023:1723).
JPMorgan Chase Bank assumed all of First Republic Bank's deposits and nearly all assets, making all depositors of First Republic Bank depositors of JPMorgan Chase Bank as of Monday, May 1, 2023.
Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.
The Hong Kong High Court has found that cryptocurrencies are property in a landmark case, further boosting the city’s virtual asset industry and its ambition to become the Asian crypto hub.
Colorado just became the latest state to recognize that a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of limitations period to recover the debt.
Yesterday saw the end of a three-day sanction hearing for the restructuring plan (the “Plan”) of the Great Annual Savings (GAS) company, with Justice Adam Johnson reserving his judgment and importantly, his decision on whether to exercise cross-class-cram-down to sanction the Plan for a later date.
Could a director of an insolvent company, who was held to be in breach of his directorial duties, be ordered to draw down his personal pension benefits to pay a judgment debt?
The Government has finally issued its Policy Paper “High Stakes: gambling reform for the digital age”.
Nigel Huddleston, Minister for Sport, Tourism and Leisure launched the Government’s call for evidence in December 2020. It has taken over two years for the Government’s response to be published.