
Legal Blog:
Receiver
Sometimes you know that debtors have assets, but you just cannot get at the assets by the usual means because the debtors have arranged their affairs to shield them. That is when you consider the ultimate remedy: obtain a court order appointing an equitable receiver. A court may give an equitable receiver wide-ranging powers, including powers of investigation and control over assets and income. However, the court order authorising the appointment is not easily obtained. Weig v. Weig, a 2012 Ontario Superior Court of Justice decision
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The concept of unbundling of legal services seems a major discussion point these days. Clients decide they do not need – or, more importantly, do not want to pay for – specified services, so they retain lawyers to perform some services and the clients take responsibility for the remainder. Sounds nice in theory, but, in practice, determining who is supposed to do what is not that simple – as demonstrated in Outaouais Synergest Inc. v. Keenan (2013) O.R. (3d) 742 (C.A.).
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