
Legal Blog
Declaration for Survival of Bankruptcy
Yanic Dufresne Excavation Inc. v. Saint Joseph Developments Ltd. 2021 Ont SCJ
Sub brought a motion to vary a default judgment that it had obtained against the general contractor and 2 directors. Although there were many allegations regarding breach of trust in the statement of claim, the original judgment was for a monetary award only because none of the defendants had been bankrupt at the time. Because the statement of claim had raised the issue of a breach of trust, the judge allowed further evidence as to that breach and, based on that evidence, granted an order that the judgment survived the defendant’s bankruptcy.
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Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |