A motion to enforce a foreign arbitral award while an appeal in respect of the award is pending in the original jurisdiction may be adjourned on terms that the responding party post security in a manner which would allow the moving party to use the funds pending disposition of the foreign proceeding as long as the moving party provides security to secure repayment of the funds should the appeal be successful. Powerex Corp. v. Alcan Inc., B.C.J. No. 1349 (S.C.).
A stay of proceedings under the Companies’ Creditors Arrangement Act may be lifted to allow a creditor to register a repair lien where registration of the lien does not jeopardize the company’s reorganization. Veltri Metal Products Co. (Re),  O.J. No. 2994 (S.C.J.).
A bid will comply with an invitation to tender under which the owner has discretion to reject non-compliant bids only if the bid is substantially compliant when assessed on an objective basis. Silex Restorations Ltd. v. Strata Plan VR 2096,  B.C.J. No. 1339 (C.A).
Financial loss will not constitute irreparable harm sufficient to justify staying the execution of a money judgment pending appeal where the appellant can afford to pay and the loss is quantifiable and recoverable in the event of a successful appeal. Amica Mature Lifestyles Inc. v. Brett,  N.S.J. No. 284 (C.A.).
An original mortgagor of a property that is subsequently sold will not be liable for a deficiency in recovery under the mortgage where the mortgage was renewed without notice to the original mortgagor and the mortgage contains no clear language binding the mortgagor in such circumstances. Citadel General Assurance Co. v. Iaboni, O.J. No. 2912 (C.A.).
A notary public does not owe a duty of care to a claimant who has been the victim of a fraudulent real estate transaction which the notary unknowingly helped effect where the claimant did not rely upon or have any expectations of the notary and the notary made no representations to the claimant but proceeded reasonably on the belief that the claimant’s interests had been attended by a lawyer. Esser v. Brown,  B.C.J. No. 1312 (C.A.).
The Canadian Office of the Superintendent of Financial Institutions ("OSFI") recently ruled that a bank cannot promote comprehensive credit insurance ("CCI") within its Canadian branches under the Insurance Business (Banks and Bank Holdings Companies) Regulations (the "Regulations").
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