Call us: (905) 366 9700
Legal Blog:
Oct
01
2011
Depends X 3
The saga of Re Edwards continues (see newsletters of April & August 2011). The credit union that had scooped a bankrupt’s RSP mere days before the bankruptcy, appealed an order of a judge of the Superior Court of Justice, who had overturned an order of the Registrar in Bankruptcy. The Registrar had held that the Ontario Limitations Act applied and that the attack on the credit union’s actions came after the limitation period had expired. The judge decided that the Bankruptcy and Insolvency Act, which sets out time limits for improper preferences, sets out the only limitation periods to which the trustee was subject and took the place of provincial limitation periods.
Continue Reading >Oct
01
2011
They Made Me
Occasionally a case is reported and you have to wonder why it was ever litigated. One such case is Royal Bank of Canada v. Jaffer, a 2011 decision of the Ontario Superior Court of Justice.
Continue Reading >Oct
01
2011
Experts
A lawyer retains an expert on behalf of a client. Who is liable to pay the expert: the lawyer, the client, or both? This was the subject matter of 14013337 Ontario Ltd. v. MacIvor Harris Roddy LLP 2011 CarswellOnt 822 (S.C.J.)
Continue Reading >Oct
01
2011
More Time
The cases on limitations keep coming. Chimienti v. City of Windsor 330 D.L.R. (4th) 148 (Ont. C.A.), the latest, is interesting because it synthesises other cases.
Continue Reading >Oct
01
2011
Disappointment
A creditor spends from two months to two years, and the accompanying legal costs, to obtain a judgment against a debtor. The creditor then tracks down the debtor’s only significant asset, seizes or garnishes it, and collects in full. Is the creditor home free? It ain’t necessarily so – as the creditor discovered in Attorney General Canada v. GlassCell Isofab Inc., a 2011 decision of the Ontario Superior Court of Justice.
Continue Reading >