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Legal Blog:
Jun
29
2012
Allocate #2
In our May 2010 newsletter, we dealt with the rule that a debtor chooses how it wishes to allocate its payment when paying multiple invoices and a creditor chooses when the debtor fails to do so: Colautti Construction Ltd. v. Ashcroft Development Inc.
Continue Reading >Jun
26
2012
How does a bankruptcy affect ongoing litigation?
Under the Bankruptcy and Insolvency Act, the general rule is that the bankruptcy of a debtor imposes an automatic stay of on going action against the debtor for the recovery of a claim provable in bankruptcy. The creditor cannot prosecute the action without first obtaining leave of the court. A debtor’s bankruptcy does not prevent a secured creditor from realizing upon or dealing with its security.
Continue Reading >Jun
25
2012
What is the definition of insolvency under the Bankruptcy and Insolvency Act?
An “insolvent person” means a person who is not bankrupt and who resides, carries on business or has property in Canada, whose liabilities to creditors provable as claims under this Act amount to one thousand dollars, and
Continue Reading >Jun
13
2012
What is a garnishment?
A garnishment is a legal process by which a judgment creditor can compel persons who owe debts to the judgment debtor to pay those debts to the Sheriff instead of the judgment debtor. The most common type of garnishment is the garnishment of a judgment debtor’s wages. Rule 60.08 of the Rules of Civil Procedure is the Rule dealing with garnishments.
Continue Reading >Jun
08
2012
What is an examination in aid of execution?
An examination in aid of execution is a remedy available to a creditor who has obtained a judgment against a debtor. The main purpose of the examination is to obtain information about the debtor’s ability to pay the judgment. A creditor is therefore entitled to ask and should ask questions about the debtor’s income, assets, and liabilities as well as the debtor’s present, past, and future means to satisfy the judgment.
Continue Reading >Jun
01
2012
Sever
Joint tenancy is often a very useful and economic way to ensure that, on death, a joint tenant’s interest passes directly to the other joint tenant regardless of what a will might say. It also has the benefit that probate taxes do not apply to the transfer. However, sometimes, what initially seemed to be a good idea ultimately may no longer be advisable. Thus the question, “How does one sever a joint tenancy?” One situation was discussed in Hansen Estate v. Hansen, 2012 ONCA 112.
Continue Reading >Jun
01
2012
Privacy
We all know that existing legislation is in place to govern when personal information may or may not be divulged. This legislation has various enforcement avenues. However, is there a civil cause of action for breach of the legislation or breach of privacy? This question was answered in Jones v. Tsige, a 2012 Ontario Court of Appeal decision.
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