A Comissão de Defesa do Consumidor (CDC) da Câmara aprovou, na última quarta-feira, o PL nº 4.032/2015, de autoria do deputado Marcelo Belinati (PP-PR), que altera a Lei de Falências para determinar que os compradores de imóveis, quando não possuírem mais de um imóvel, tenham prioridade em receber os valores pagos em caso de falência de construtoras, incorporadoras e imobiliárias, nos termos do parecer do deputado Marco Tebaldi (PSDBSC). O PL ainda será analisado pela Comissão de Desenvolvimento Econômico, Indústria, Comércio e Serviços (CDEICS) e pela CCJC na Câmara. 

Rebeka Kleytman was a co-author of this article. 

Almost two decades after being adopted following the model of the World Bank and UNCITRAL for non-possessory registered pledges, the Special Pledges Act (the "Act") was substantially amended at the end of 2016. Most of the amendments take immediate effect while those concerning the digitalization of the Central Register of Special Pledges (the "Register") will come into force on 1 September 2018.

Overcollateralization

Good afternoon.

Please find below our summaries of this past week’s civil decisions of the Court of Appeal for Ontario. Topics covered included insurance broker negligence, zoning (use) bylaw enforcement, the wrongful termination of a commercial lease and the automatic right of appeal of bankruptcy orders.

Good afternoon.

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

In Thistle v Schumilias, an insurer refused to pay out on a life insurance policy on the basis that the insured had failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company and during that litigation became aware of the potential professional negligence of the insurance agent who sold the policy.

In 7636156 Canada Inc. v. OMERS Realty Corporation¹ (“7636156 v. OMERS”), the Ontario Superior Court of Justice (Commercial List) (the “Court”) held that a bankrupt’s landlord was only entitled to have drawn down on a letter of credit by an amount equal to the landlord’s priority claim for three months’ accelerated rent, rather than by the full amount of the letter of credit, and ordered that the landlord pay over the excess to the bankrupt’s trustee.

​When a commercial tenant goes bankrupt, the respective rights of landlords and trustees can be complex to sort out. Yet, as illustrated by recent Ontario Superior Court decision 7636156 Canada Inc. v. OMERS Realty Corporation, 2019 ONSC 6106, this determination can have important ramifications on the assets available for distribution to creditors.

In Firepower Debt GP Inc. v.

Good evening.

Below are summaries of the civil decisions released by the Court of Appeal for Ontario this week.

The Alberta Court of Appeal recently upheld an unreported decision of the Court of Queen’s Bench that unpaid taxes on linear property (which were pipelines and associated facilities in the case at bar) formed only unsecured claims against the debtors.

A strata wind-up is an excellent way to realize the economic potential of a multi-unit residential property ("strata") by leveraging the value of each strata unit in the strata as a whole to a developer that may want to develop on the strata's property. However, the wind-up process is complex, involving the intersection of real estate, condominium law ("strata property law"), and the law of restructuring.

Winding up of a strata corporation