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Legal Blog:
Apr
01
2011
Depends
No, we are not talking about incontinence aids. We are referring to a situation in which a bankrupt has improperly given a preference or fraudulently conveyed property to a third party. When does the limitations period start to run: from the date that a creditor knows that there is a claim or from the date that the trustee knows of it? It seems that the answer depends on the section of the Bankruptcy and Insolvency Act under which the transaction is being attacked. Examples are set out in Re Edwards, a 2010 decision of the Registrar in Bankruptcy of the Ontario Superior Court of Justice and Indcondo Building Corporation v. Sloan, a 2010 decision of the Ontario Court of Appeal.
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01
2011
Worst
In the good old days, when we could sharpen our advocacy skills with landlord and tenant applications, we acted for a landlord who was attempting to evict a tenant for appalling behaviour. The property manager testified that the actions of the tenant’s family toward the other tenants were so bad that this was the worst tenant family he had ever encountered. When we asked, “Is there a close second?” the property manager retorted that this family was in a class by itself. In the result, the court evicted that tenant.
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