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    Court of Appeal Summaries (February 16-19, 2016)
    2016-02-19

    Hello again.

    Most of the Court of Appeal civil decisions this week were procedural in nature.  Topics included the standard of review of discretionary orders (deference), municipal law, leave to appeal and stays pending appeal in the CCAA context and the consolidation of appeals to the Court of Appeal as of right with Divisional Court appeals requiring leave.

    Have a nice weekend.

    Table of Contents

    Civil Decisions

    Pickering (City) v. Slade, 2016 ONCA 133

    Filed under:
    Canada, Ontario, Arbitration & ADR, Crime, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Standard of review
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Stopping the revolution in its tracks: the Supreme Court of Canada decides Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd.
    2015-12-01

    On November 13, 2015, the Supreme Court rendered its decision in Lemare Lake Logging Ltd. v.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Supreme Court of Canada
    Authors:
    David G. Gerecke
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Trustee Cannot Disclaim Bankrupt Landlord’s Lease
    2015-12-03

    In Aventura2, a recent decision of the Ontario Superior Court of Justice (Commercial List) (the “Court”), the Honourable Justice Penny confirmed that a bankruptcy trustee does not have the authority, pursuant to section 30(1)(k) of the Bankruptcy and Insolvency Act (the “BIA”), to disclaim a lease on behalf of a bankrupt landlord. Rather, a trustee’s authority to disclaim a lease is limited to situations where the bankrupt is the tenant.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Trustee
    Authors:
    Ian Aversa , Jeremy Nemers
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Court of Appeal summaries (December 6- 11)
    2015-12-12

    Hello again for another week,

    Filed under:
    Canada, Employment & Labor, Family, Healthcare & Life Sciences, Insolvency & Restructuring, Legal Practice, Litigation, Non-profit Organizations, Private Client & Offshore Services, Real Estate, Blaney McMurtry LLP
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Limits of Relief for Lessors under the Surface Rights Act when an Operator has been Assigned into Bankruptcy
    2015-12-22

    This Fall the Alberta Surface Rights Board (the “Board”) Panel issued its decision in Lemke v Petroglobe Inc, 2015 ABSRB 740. The Panel decided that it did not have authority to proceed with a claim by a landowner for unpaid compensation that had accrued before the date that the operator was assigned into bankruptcy.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Michael A. Marion , Andrew Pozzobon
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Phoenixing Developers Could be Thing of the Past
    2018-02-22

    This article was first published in the Australian Financial Review on Thursday, 22 February.

    In the five years to November 2017, AUD1.8 billion of GST revenue was written-off due to phoenixing – where companies are stripped of assets and liquidated, then restarted under a different name leaving creditors out of pocket.

    Filed under:
    Australia, Insolvency & Restructuring, Real Estate, Tax, K&L Gates LLP
    Authors:
    Matthew Cridland
    Location:
    Australia
    Firm:
    K&L Gates LLP
    Two retail tenancy failures expose directors who gave their personal guarantees to the landlord to ruinous losses
    2018-02-27

    Two NSW Court of Appeal decisions in two months have upheld orders made against directors of a corporate tenant to pay $3,537,040.50 in one case, and $602,178.35 in the other, as damages for the landlord’s loss of rent and make good expenses, as a result of failed retail tenancies.

    The decisions are:

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Cordato Partners, New South Wales Court of Appeal
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Creditors’ rights under a DOCA - are claims to future rents extinguished?
    2017-08-25

    The NSW Supreme Court has given a Landlord leave to commence proceedings against a company for rent and make good costs arising after the date of the DOCA.

    BACKGROUND

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Corrs Chambers Westgarth, Landlord, Debt, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Kirsty Sutherland , Matthew Critchley , Sam Delaney , Mark Wilks , Michael Kimmins , Rachael King
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Beyond the headlines - what does the appointment of administrators to SumoSalad entities really mean?
    2017-07-06

    On 13 June 2017 the Australian Financial Review published an article titled “SumoSalad uses Insolvency Laws to fight Scentre’s Westfield”.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Addisons, Corporations Act 2001 (Australia)
    Authors:
    Nicole Tyson
    Location:
    Australia
    Firm:
    Addisons
    Changes to GST - New homebuyers are now collection and remittance agents for the ATO
    2017-06-02

    In the recent Federal Budget, one change that hasn’t been given media attention is a change to the GST Legislation, which is to become effective from mid-July 2018 whereby purchasers of ‘new constructed residential premises’ and ‘new subdivisions’ become responsible to remit the GST to the Australian Taxation Office (ATO).

    The Government has not published any details as to how these changes are going to operate other than claiming that the ATO expects to recover upwards of $650 million in GST revenue over the next four years.

    Filed under:
    Australia, Insolvency & Restructuring, Real Estate, Tax, Maddocks, Unsecured debt, Default (finance), Secured creditor, Goods and services tax (Australia), Australian Taxation Office
    Authors:
    Ian Beattie
    Location:
    Australia
    Firm:
    Maddocks

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