36153 Ryan Glenn Ziegler v. Her Majesty the Queen (Criminal law – Dangerous offender)
36039 Dhillon v. Jaffer (Law of professions – Barristers and solicitors – Breach of fiduciary duty – Damages)
- Historical Background
Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England.
In the latest decision of the British Columbia Supreme Court (the “Court”) regarding the bankruptcy of Ted LeRoy Trucking Ltd.
Lawrence Gold recently presented on abuses of the Repair and Storage Liens Act (Ontario) (“RSLA”) impacting commercial finance and insurance companies to the Ontario Personal Property Security Legislation Committee (“PPSL Committee”). As changes to the RSLA will likely not be implemented in the near future, concerns regarding abuse of lien claimant rights are of significant importance to the industry.
A liquidator has been appointed to supervise the winding up and sale of the assets of Union of Canada Life, one of Canada's oldest life insurance companies, by order of the Ontario Superior Court of Justice.
Union of Canada applied under the Winding Up and Restructuring Act (WURA) for a Winding Up Order and the appointment of Grant Thornton as liquidator to take possession and control of the company and conduct the sale under the protection of a stay of proceedings.
The appeal by an insurer ("Sovereign") was dismissed. The Court found that the notice provided to Sovereign by a co-defendant of the bankrupt insured was sufficient notice in accordance with the policy conditions for liability coverage. In the alternative, that the plaintiffs were entitled to relief from forfeiture.
[2011] O.J. No. 4106
2011 ONCA 597
Ontario Court of Appeal
D.R. O'Connor A.C.J.O., J.I. Laskin and J.C. MacPherson JJ.A.
September 19, 2011
Action for return of premiums paid of key man insurance policies dismissed.
[2011] O.J. No. 3387
Ontario Superior Court of Justice
M.A. Penny J.
January 21, 2011
The appellant insurer sought leave to appeal the order of the Chambers Judge who dismissed it’s application to be added as a party or intervener in an underlying liability action in the Supreme Court of British Columbia.
[2011] B.C.J. No. 1336
2011 BCCA 326
British Columbia Court of Appeal (In Bankruptcy and Insolvency)
P.A. Kirkpatrick J.A. (In Chambers)
July 8, 2011
Directors and officers of corporations are often subject to potential personal liabilities as a result of their positions. This potential for personal liability may be increased in the insolvency context, where a corporation’s creditors will seek to collect on certain debts from alternate sources, such as directors and officers. Directors and officers often utilize insurance and various court mechanisms in order to mitigate their personal liabilities.