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    Incidents during enforcement under New Civil Procedure Code
    2013-05-21

    The New Civil Procedure Code (NCPC) came into force on 15 February 2013 and is applicable to all enforcement proceedings that commenced after this date.

    Creditors may begin forced execution if they have an enforceable title. During such proceedings several incidents may occur, which may result in either the impossibility or the delay to the full protection of the creditor’s rights.

    Statute of limitations

    Filed under:
    Romania, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Debtor, Statute of limitations, Capital punishment
    Authors:
    Horia Draghici
    Location:
    Romania
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Expedient and just: B.C. Court of Appeal addresses approval of claims by trustee in bankruptcy
    2014-08-05

    Under the Bankruptcy and Insolvency Act1, trustees have considerable discretion to administer a bankrupt’s estate in an expedient manner. However, the British Columbia Court of Appeal recently confirmed that trustees must exercise such discretion within the limits of relevant statutory provisions and common law principles.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, McMillan LLP, Statute of limitations, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Daniel Shouldice
    Location:
    Canada
    Firm:
    McMillan LLP
    A little knowledge is a dangerous thing…because it calls for reasonable diligence
    2014-05-23

    The British Columbia Court of Appeal recently released a helpful decision applying principles of discoverability to determine when a limitation period begins to run. In Roberts v. E.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Statute of limitations, Due diligence, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Brooke MacKenzie
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Suspension denied: ONCA confirms that automatic stay pending appeal does not suspend the limitation period
    2013-10-22

    The recent decision of the Ontario Court of Appeal in msi Spergel Inc. v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550 (“msi Spergel”) confirms that the Court will not suspend, extend or otherwise vary the general two-year limitation period under the Limitations Act, 2002 (the “Limitations Act”) unless there is express statutory authority to do so.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Statute of limitations, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Msi Spergel Inc. v. I.F. Propco Holdings (Ontario) 36 Ltd. – no suspension of limitations periods pursuant to s. 195 of the BIA
    2013-10-25

    Upon the filing of an appeal of a bankruptcy order, that order is stayed pursuant to section 195 of the Bankruptcy and Insolvency Act (“BIA”). In Msi Spergel v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550, the Ontario Court of Appeal had to decide whether that stay suspends the limitation period applicable to a motion by a trustee to set aside a preferential payment by a bankrupt under s. 95 of the BIA.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Bankruptcy, Statute of limitations, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    Mark A. Gelowitz
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    New B.C. Limitation Act more favourable to lenders holding demand obligations
    2013-07-30

    On June 1, 2013, British Columbia's new Limitation Act (the "New Act")1 came into force, changing the limitation periods for filing civil lawsuits in British Columbia.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, McMillan LLP, Debtor, Statute of limitations
    Location:
    Canada
    Firm:
    McMillan LLP
    The (not so limiting) Ontario Limitations Act, 2002 and bankruptcy proceedings
    2012-11-01

    On January 27, 2012, Justice Newbould of the Ontario Superior Court of Justice (Commercial List) (the “Court”) released his decision in Temple (Re),1 holding that the Ontario Limitations Act, 20022 (the “Act”) does not apply to a bankruptcy application and does not operate to extinguish a debt owing to a creditor.

    The Ontario Limitations Act, 2002

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Debtor, Statute of limitations, Debt
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    U.S. bankruptcy court bars tolling of fraudulent conveyance look-back period
    2012-02-02

    A U.S. bankruptcy judge in Delaware has held that the two-year "look-back" period in which a transfer occurring within two years of the bankruptcy petition filing date may be avoided, under Section 548 of the U.S. Bankruptcy Code, cannot be equitably tolled. After some inconsistent orders about whether the courts may broaden the look-back period, this decision should give greater certainty to lenders when evaluating their exposure upon the commencement of a bankruptcy case by a borrower.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Torys LLP, Debtor, Statute of limitations, United States bankruptcy court
    Authors:
    Alison D. Bauer , Darien G. Leung
    Location:
    Canada
    Firm:
    Torys LLP
    Fraudulent conveyances/preferences and limitation periods
    2011-06-22

    During the past 14 months, courts in Ontario have rendered three decisions dealing with the application of limitation periods to claims for fraudulent conveyances or preferences. A “limitation period” is a period of time, specified in a statute, within which a plaintiff must commence a court proceeding to seek a remedy. Otherwise, the claim is said to be “statute-barred” and an action to enforce the claim will be dismissed.

    The recent decisions have brought some clarity to the law in this area, but have left other questions unanswered.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Debtor, Fraud, Statute of limitations, Discovery, Mortgage loan, Condominium, Conveyancing, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Section 38 BIA claims – it’s what you know that counts
    2011-03-25

    Pursuant to section 38 of theBankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “BIA”) a creditor of the bankrupt estate can obtain the trustee’s right to pursue estate litigation where the trustee refuses or fails to pursue such litigation. In a recent Ontario case, Indcondo Building Corp. v. Sloan [2010], CarswellOnt 9785, the Court of Appeal was asked to determine whether the limitation period for the assigned litigation commences with the trustee’s knowledge of the facts giving rise to the claim or the assignee’s knowledge of those facts.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Bankruptcy, Statute of limitations, Discovery, Option (finance), Conveyancing, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal of England & Wales
    Authors:
    Larry Ellis
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP

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