Under Ontario law, where a pension plan is partially wound up, actuarial surplus must be distributed on the effective date of the partial wind up. Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services),  S.C.J. No. 51 (S.C.C.).
A landlord may maintaina claim for amounts unpaid by a tenant prior to the tenant obtaining an order under the Companies’ Creditors Arrangement Act where the tenant does not repudiate the lease and fails to provide the landlord with notice of the proceedings. Ivorylane Corp. v. Country Style Realty Ltd.,  O.J. No. 2662 (S.C.J.).
A court should examine the terms of the contracts between credit card issuers and holders in determining whether the issuers have violated any applicable federal or provincial disclosure obligations. Dahl v. Royal Bank of Canada,  B.C.J. No. 1596 (C.A.).
An action commenced in the name of a dissolved corporation is a nullity that cannot be cured by amending the pleading to allege the claimant is actually a corporation with the same name that had purchased the assets of the original corporation where it is clear that the action was commenced and intended to be commenced in the name of and for the benefit of the dissolved corporation. Zynik Capital Corp. v. Faris,  B.C.J. No. 1604 (S.C.).
Defences based on contractual provisions about the governing law and arbitration of disputes will not defeat the enforcement of a foreign judgment, as these objections should generally be raised in the foreign proceedings. United Laboratories, Inc. v. Abraham,  O.J. No. 3063 (C.A.).
An officer of a bankrupt corporation who has been released from any statutory liability for unpaid wages as a result of a payroll processing service’s payment of the salaries of the corporation’s employees prior to the corporation’s bankruptcy is not liable to the service for unjust enrichment as, among other things, the statutory liability is an exception to the general rule of separate corporate personality intended to protect employees, not creditors who have undertaken known business risks. Canadian-Automatic Data Processing Services Ltd. v. Bentley, B.C.J. No. 1513 (C.A.).
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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