In determining whether to approve a premium on a bill rendered by lawyers acting as counsel to the liquidator of an insolvent corporation, a court must take into account the views of the liquidator and the interest and position of the corporation’s creditors. Christian Brothers of Ireland in Canada (Re),  O.J. No. 4249 (C.A.).
Despite the higher standard of proof on a motion for contempt of an order, such a motion will succeed where the circumstances give rise to an inference that a party has taken steps to avoid the effect of the order and no evidence is led to rebut the inference. Peel Financial Holdings Ltd. v. Western Delta Lands Partnership,  B.C.J. No. 2392 (C.A.).
As a general rule, in view of the importance of solicitor-client privilege and the difficulties inherent in determining the extent to which information contained in a lawyer’s bill of account is neutral, the quantum of a lawyer’s fees prima facie will be protected by privilege. Maranda v. Richer,  S.C.J. No. 69 (S.C.C.).
A purchaser of stock in a bulk sale who fails to comply with the Ontario Bulk Sales Act, will only be required to account for the proceeds of the sale where the proceeds were not fully distributed to creditors and the creditor seeking relief has received less than it would have had there been full compliance with the Act. National Trust Co. v. H & R Block Canada Inc.,  S.C.J. No. 70 (S.C.C.).
As an order entered on consent can only be varied in circumstances where the underlying contract can be set aside, the mere unilateral mistake of one party is not a sufficient ground to vary the order. Buschau v. Rogers Communications Inc.,  B.C.J. No. 2579 (S.C.).
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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