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    Ontario Court of Appeal Summaries (September 24 - 28, 2018)
    2018-09-28

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

    There were two wrongful dismissal cases this week. One was brought by a physician against Sick Kids Hospital. The Court found against the Hospital and allowed the appeal, remitting the matter back to the Superior Court for a determination of the damages. The second involved the breach of fiduciary duty of a senior officer of a public company who was found to have been self-dealing. The Court confirmed that the breach of fiduciary duty constituted just cause for termination.

    Filed under:
    Canada, Ontario, Company & Commercial, Crime, Employment & Labor, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Wrongful dismissal, Companies' Creditors Arrangement Act 1933 (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
    Ontario court finds representative proceeding to be time-barred despite being commenced within the limitation period
    2017-04-24

    In Caetano v Quality Meat Packers, 2017 ONSC 1199, Justice Belobaba of the Ontario Superior Court recently had opportunity to consider whether two representative proceedings commenced on behalf of two separate groups of employees against an insolvent employer ought to be struck because, despite the actions having been commenced within the applicable two year limitation period, the plaintiffs in those two actions had failed to obtain the necessary representation orders within the two year period.

    Filed under:
    Canada, Ontario, Employment & Labor, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Class action, Wrongful dismissal, Ontario Superior Court of Justice
    Authors:
    David Stamp , Joshua Krusell
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt 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
    Court of Appeal summaries (January 25, 2016-January 29, 2016)
    2016-01-29

    Hello All,

    Topics covered by the Court of Appeal this week in its civil decisions included franchise law (duty of disclosure), employment law (WSIB and wrongful dismissal of dependent contractors), insolvency (statutory privilege of documents), debtor-creditor (capacity to execute guarantees), MVA (liability of automobile lessors), family law (property claims of unmarried common law spouses), contracts (interpretation and specific performance), and motions to strike for no reasonable cause of action (a claim by a lawyer against the Law Society and a securities class action).

    Filed under:
    Canada, Ontario, Capital Markets, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Blaney McMurtry LLP, Class action, Wrongful dismissal, Common law
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Directors' liability in the event of bankruptcy
    2009-06-30

    A. THE PROBLEM

    Many charities and associations have cash flow challenges, particularly in the current economic situation. They usually budget to break even financially. If some funding does not materialize as expected, they may be forced to close down. Their directors may be at financial risk as a result.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Non-profit Organizations, Borden Ladner Gervais LLP, Wage, Bankruptcy, Legal personality, Interest, Employment contract, Budget, Trade union, Wrongful dismissal, Debt, Liability (financial accounting), Common law, Joint and several liability, Severance package, European Space Agency, Corporations Act 2001 (Australia), Employment Standards Act 2000 (Ontario) (Canada), Canada Labour Code
    Authors:
    Michelle S. Henry
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    TUPE transfers from insolvent companies: Secretary of State does not foot the bill if employee is dismissed post-transfer
    2011-06-27

    In the recent case of Pressure Coolers Ltd v (1) Mr J Molloy; (2) Maestro International Limited; and (3) Secretary of State for Trade and Industry, the Employment Appeal Tribunal had to decide who should pay an employee’s basic award and notice pay following his unfair and wrongful dismissal after a “pre pack” TUPE transfer from his insolvent employer.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Wage, Wrongful dismissal, Debt, Liability (financial accounting), Liquidation, Unfair dismissal, Ageism, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Transfers of Undertakings Directive (2001/23/EC), Employment Rights Act 1996 (UK), Employment Appeal Tribunal
    Authors:
    Allan Finlay , Matthew Leake
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Administration expenses: claims for wrongful dismissal
    2007-11-30

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Media & Entertainment, Freshfields Bruckhaus Deringer, Wage, Breach of contract, Employment contract, Wrongful dismissal, Liability (financial accounting), House of Lords, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Can a liquidator adjudicate a dispute that arose under a construction contract?
    2018-11-07

    In August 2018, in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation) 1 Mr Justice Fraser had the opportunity in the context of CPR Part 8 proceedings to clarify whether or not a liquidator can pursue a claim in adjudication arising out of a construction contract.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, Wrongful dismissal, Debt, Liquidation, Construction contracts, Civil Procedure Rules (UK), Technology and Construction Court
    Authors:
    Andrew Weston
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    Administration expenses: claims for wrongful dismissal
    2007-11-30

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Media & Entertainment, Freshfields Bruckhaus Deringer LLP, Wage, Breach of contract, Employment contract, Wrongful dismissal, Liability (financial accounting), Insolvency Act 1986 (UK), House of Lords
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
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