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    Blaneys Ontario Court of Appeal Summaries
    2017-11-20

    Below are this week’s summaries of the civil decisions of the Court of Appeal.

    Congratulations to our very own Bill Anderson for succeeding on our client’s appeal in Holmes v. Hatch Ltd., 2017 ONCA 880.

    In this Employment law decision, the Court of Appeal allowed the appeal from the motion judge’s decision granting summary judgment against our client on the basis that the motion judge was not at liberty to find liability on a legal theory that was not pleaded by the plaintiff and which our client did not have an opportunity to properly address in the evidence.

    Filed under:
    Canada, Ontario, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Litigation, Personal Injury, Planning, Real Estate, Shipping & Transport, Blaney McMurtry LLP, Conflict of laws, Class action, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Blaneys Ontario Court of Appeal Summaries
    2017-09-29

    Good evening.

    Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Company & Commercial, Family, Insolvency & Restructuring, Intellectual Property, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Blaneys Ontario Court of Appeal Summaries
    2017-10-08

    Good evening.

    Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Insurance, Litigation, Public, Real Estate, White Collar Crime, Blaney McMurtry LLP, Conflict of interest, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Blaneys Ontario Court of Appeal Summaries
    2017-07-03

    Good evening.

    Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Punitive damages, Wrongful dismissal, Adverse possession, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    When should a fraudulent conveyance action be brought?
    2017-07-06

    In 2014, we reported on the Ontario Superior Court of Justice’s decision in Indcondo Building Corporation v. Sloan (“Indcondo“), which strengthened the position of plaintiffs seeking to set aside fraudulent conveyances in Ontario. In the Indcondo case, Mr.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Baker McKenzie, Fraud, Ontario Superior Court of Justice
    Authors:
    Ahmed Shafey
    Location:
    Canada
    Firm:
    Baker McKenzie
    Wind-Downs, Retainers and Releases: The Ontario Court of Appeal Decision in Trillium Motor World
    2017-07-06

    ​The Ontario Court of Appeal released its much anticipated decision on the appeals taken from the trial decision of Justice McEwen in Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP et al.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Law Firm Management, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Court of Appeal for Ontario
    Authors:
    Bevan Brooksbank
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Perfection of security interests when assets move jurisdictions
    2017-05-17

    When a financing statement is registered to perfect a security interest in collateral, it is the responsibility of the secured party to monitor the registration to ensure that a new financing statement is filed if the goods move jurisdictions. A recent decision by the Ontario Superior Court of Justice1 emphasizes this point.

    Facts

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy, Debtor, Collateral (finance), Secured creditor, Personal Property Security Act 1990 (Canada), Ontario Superior Court of Justice
    Authors:
    M. Sandra Appel
    Location:
    Canada
    Firm:
    DLA Piper
    Receivers, Unions and the Lifting of the Stay: Are the Floodgates Open or Have They Merely Sprung A Leak?
    2017-06-14

    In what may prove either to be a landmark decision or a mere outliner confined to its unique facts, the Court of Appeal for Ontario (the "Court of Appeal") in Romspen Investment Corporation v. Courtice Auto Wreckers Limited, et al.1 has overturned an earlier decision and lifted the stay of proceedings against a court-appointed receiver to allow a union to proceed with a certification application and an unfair labour practice complaint against the receiver.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Ontario Superior Court of Justice
    Authors:
    Jeremy Nemers
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    PPSA Registrations Against Corporate Debtors with English/French Names
    2017-06-23

    INTRODUCTION

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Torkin Manes LLP, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada)
    Authors:
    Jeffrey Alpert
    Location:
    Canada
    Firm:
    Torkin Manes LLP
    A banker asked us: General vs specific assignments of rents and leases in Ontario
    2017-06-26

    Q: What is the difference between a general assignment of rents and leases and a specific assignment of rents and leases, and when should I include them in my term sheet for a commercial real estate financing of an Ontario property?

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Real Estate, Gowling WLG
    Authors:
    Patrick W. Jocsak , Rosa Lupo
    Location:
    Canada
    Firm:
    Gowling WLG

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