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    Fraudulent Misrepresentation To Receivers and Beyond: Meridian Credit Union Limited v Baig
    2016-09-28

    The Ontario Court of Appeal in Meridian Credit Union Limited v Baig1 made it clear that misinforming a receiver during the purchase of a property, even by omission, will not be tolerated. Purchasers in the context of a receivership have an obligation to ensure that the receiver is aware of all of the facts. The court also took the opportunity to remind corporate directors that they will be held personally responsible for their tortious conduct, even if that conduct was directed in a bona fide manner to the best interests of the company.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Borden Ladner Gervais LLP, Fraud, Misrepresentation, Court of Appeal for Ontario
    Authors:
    Evita Ferreira
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    A reminder: Requirement for a receiver to pay occupation rent
    2016-09-29

    The recent decision of the Ontario Court of Appeal in Crate Marine Sales 1serves as a reminder regarding the trigger for the obligation of a court appointed receiver to pay occupation rent.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Court of Appeal for Ontario
    Authors:
    Warren Beil
    Location:
    Canada
    Firm:
    Gowling WLG
    Things You May Not Know About the Farm Debt Mediation Act
    2016-07-07

    Most or all creditors who lend to farmers will be familiar with the Farm Debt Mediation Act, S.C. 1997, c. 21 (the “FDMA”) and the need to serve a notice under the FDMA before taking action against a farmer. However, there are some details of how the FDMA operates that may not be as well-known. This piece will highlight some of those details.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Property tax, Debt, Mortgage loan, Foreclosure, Mediation, Secured creditor
    Authors:
    David G. Gerecke
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Blaneys Ontario Court of Appeal Summaries - June 13-17, 2016
    2016-06-17

    Hello everyone,

    The Court of Appeal has released a variety of cases this week dealing with such topics as wrongful dismissal, bankruptcy and insolvency, pensions, real estate, and residential landlord and tenant. The most notable decision by far this week is the Groia v. The Law Society of Upper Canada decision in which the court dismissed the member’s appeal from his conviction for professional misconduct. Apparently, according to the Toronto Star, Mr. Groia will be seeking leave to appeal to the Supreme Court of Canada, so this long-running saga is not over yet.

    Filed under:
    Canada, Ontario, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Planning, Real Estate, Blaney McMurtry LLP, Leasehold estate, Wrongful dismissal, Administrative law, Unemployment benefits, Exclusive jurisdiction, Law Society of England and Wales, Court of Appeal of England & Wales, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Receiver v. Lessor: Who Gets the Equipment? Limitations on Property Under a Receiver's Control
    2016-06-27

    Court appointed receivers commonly assume control over all of a debtor’s property. In assuming that control, the receiver may collect various pieces of the debtor’s leased equipment, and include that equipment in a sale of the debtor’s assets. Further, the court order appointing the receiver will typically grant the receiver a priority charge over all such equipment for its fees, including the fees of its counsel, and any borrowings it may make in the course of the receivership.

    Filed under:
    Canada, British Columbia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Debtor, Court of Appeal of England & Wales
    Authors:
    Gordon G. Plottel
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Pick and Choose: Federal insolvency law takes precedence over Provincial legislative scheme governing the Alberta Energy Regulator
    2016-05-24

    On May 18, 2016, the Court of Queen’s Bench of Alberta released its much anticipated decision in Re Redwater Energy Corporation, 2016 ABQB 278, which addressed the Oil and Gas Conservation Act (OGCA), the Pipeline Act and the 

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP, Alberta Energy Regulator, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Sean F. Collins , Walker W. MacLeod , Kimberly J. Howard , Craig N. Spurn
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    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
    You are not alone in a default - Third party interests in commercial leases
    2016-04-29

    This article was presented at the Canadian Law Conference of The International Council of Shopping Centers in April 2016.

    There has been a lot written regarding a landlord’s options and remedies upon the default of a tenant under a commercial lease. This paper explores the considerations to be given specifically to third parties at the time of default and potential termination.

    Filed under:
    Canada, British Columbia, Franchising, Insolvency & Restructuring, Litigation, Real Estate, Tax, Sotos LLP, Landlord, Leasehold estate, Franchise agreement
    Authors:
    Allan Dick , Yianni Alexopoulos
    Location:
    Canada
    Firm:
    Sotos LLP
    Court of Appeal Summaries (March 21-24, 2016)
    2016-03-25

    Hello everyone.

    Except for a brief addendum to an order made in a criminal matter, the Court of Appeal only released civil law decisions this week, which is rare. Topics covered included whether or not leave to appeal a vesting order made on a receivership sale under the Bankruptcy and Insolvency Act is required (it is), an ironic case in which a lawyer initially resisted a professional negligence claim for missing a limitation period by arguing the limitation period had been missed (nice try), insurance law and adjournments.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Insurance, Litigation, Professional Negligence, Real Estate, Blaney McMurtry LLP, Vesting, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    2015 in Review: Top 10 Judicial Decisions of Import to the Canadian Oil and Gas Industry
    2016-01-08

    Last year’s list of the top ten judicial decisions of import to the Canadian Oil and Gas Industry (found here) illustrated that 2014 was a high-water mark for important judicial decisions affecting the oil and gas industry.  In 2015, we have seen several of the key 2014 cases applied, confirmed or addressed, in particular in relation to Aboriginal title, contract interpr

    Filed under:
    Canada, Ontario, British Columbia, Alberta, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP
    Authors:
    Michael A. Marion , Daniel B.R. Johnson , Alan Ross , Karen A. Salmon , Rick Williams
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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