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Legal Blog:
Aug
01
2004
Undertaking
Most real estate lawyers understand that undertakings mean something. That is why they often fight harder over the undertakings than anything else in a transaction. Some real estate lawyers, however, sign undertakings as if they were meaningless and then ignore them, hoping that everything will work out in the end. This can cause some problems for them, as was evidenced in Patel v. Ghuman [2004] O.J. No. 1412 (SCJ).
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01
2004
Family Disputes
Often the most bitterly fought and nasty disputes are among children fighting over the assets of parents. Sometimes the parents are dead and, sometimes, one or both of the parents are alive. In Wade v. Turpin [2004] O.J. No. 1302 (SCJ), father had died, but mother was still alive.
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01
2004
Role Reversal Appeal
We discussed the case of Re Fields, a 2002 decision of the Ontario Superior Court of Justice, in our newsletter of February 2003.
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01
2004
Property Lost
When a debtor files an assignment into bankruptcy, all of the debtor’s property becomes the property of the debtor’s trustee in bankruptcy. The trustee then sells the assets, subject to statutory exemptions under the Execution Act, and pays the proceeds to the creditors in accordance with the scheme of the Bankruptcy and Insolvency Act (the “Act”). The trustee then applies for the discharge of the bankrupt from bankruptcy, which the court may grant, refuse, or grant with conditions, depending on the situation. Finally, the trustee applies to the court and obtains a discharge for itself from its duties to administer the bankrupt’s estate under the Act.
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