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Searching Content indexed under Finance and Banking by Aird & Berlis LLP ordered by Published Date Descending.
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1
Ontario Court Of Appeal Affirms Equipment Lessor's Right To Sue On Guarantee Despite Assignment Of Lease Rights
On December 3, 2019, the Ontario Court of Appeal (the "OCA") released its decision in 1951584 Ontario Inc. (Maxium Financial Services Inc.) v. Altavision Plus Inc. ("Altavision"),...
Canada
6 Dec 2019
2
Alberta Court Of Appeal Confirms Soundair Test
On November 14, 2019, the Alberta Court of Appeal (the "ABCA") released its decision in PricewaterhouseCoopers Inc. v. 1905393 Alberta Ltd. ("1905393 Alberta"),
Canada
27 Nov 2019
3
CCAA Priming Charges May Supersede Statutory Deemed Trusts
In Canada v. Canada North Group Inc., 2019 ABCA 314, the Court of Appeal of Alberta upheld the decision of the Court of Queen's Bench of Alberta, which held that the Companies' Creditors Arrangement Act ...
Canada
4 Nov 2019
4
A Mareva Injunction Refresher: Can A Strong Prima Facie Case Of Fraud Alone Support An Inference Of Asset Dissipation And/Or Disposal Risk?
In 1985, the Supreme Court of Canada decided Aetna Financial Services Ltd. v. Feigelman.1 The Court adopted the Ontario Court of Appeal decision in Chitel v. Rothbart
Canada
22 Oct 2019
5
Where's My Income?
It is sometimes suggested that providing for spousal trusts in "family wills" today is less frequent than before amendments to the Income Tax Act ("ITA") substantially removed the ability to reduce income taxes by the use of them.
Canada
23 Sep 2019
6
Ontario Court Of Appeal Provides Guidance On Vesting Orders In Receivership – And Beyond
Vesting orders have become one of the most powerful tools in an insolvency professional's toolkit, providing a purchaser with the comfort that the encumbrances contributing to the debtor's financial difficulties cannot follow to the new owner.
Canada
26 Jul 2019
7
Priority Of Receivership Charges Over Construction Trusts – Ontario Court Maintains The Status Quo
A number of DMR's projects were bonded either on a payment or performance basis.
Canada
23 Jul 2019
8
Amendments To Ontario's Personal Property Security Act Facilitate Chattel Paper Financing
Amendments to the PPSA include a new provision providing an equivalent to perfection by control for electronic chattel paper.
Canada
22 Jul 2019
9
A Smoother Ride For Lessors: Vicarious Liability Cap Extended To Include Ride-Hailing Services
Commercial auto lessors and their financial subsidiaries can breathe easy.
Canada
10 Jul 2019
10
Modern Commercial Reality Triumphs In Interest Act Decision
A recent decision from the Court of Appeal for Ontario has reaffirmed the court's decision in Solar Power Network Inc. v. ClearFlow Energy Finance Corp.
Canada
19 Jun 2019
11
Clarity In Appeal Procedures Part II: The BIA Prevails – Or Does It?
In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made
Canada
29 Apr 2019
12
Supreme Court Dismisses Solar Power Network Application For Leave To Appeal
The Supreme Court has dismissed an application for leave to appeal Solar Power Network Inc. v. ClearFlow Energy Finance Corp.
Canada
3 Apr 2019
13
Highlights Of The 2019 Federal Budget
Extend the foreign affiliate dumping rules so as to also apply to any corporation resident in Canada that is controlled by a non-resident individual or non-resident trust or any group of non-arm's
Canada
29 Mar 2019
14
What To Expect When You're Expecting… Federal Infrastructure Funds?
The Municipal Act, 2001 gives Ontario municipalities the power to acquire lands by expropriation.
Canada
28 Mar 2019
15
Clarity In Appeal Procedures: The BIA Prevails
A recent decision of Justice Watt of the Ontario Court of Appeal definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the BIA and...
Canada
28 Jan 2019
16
Sunny Day For Lenders: ClearFlow Energy Appeal Successful
Lenders can breathe a sigh of relief: the use of formulas to express annual interest rates can satisfy Section 4 of the Interest Act (Canada).
Canada
5 Oct 2018
17
Regulatory Changes To The Mortgage Brokerages, Lenders And Administrators Act, 2006: Increased Brokerage Obligations For Non-Qualified Syndicated Mortgage Transactions
Regulatory amendments that became effective on July 1, 2018 significantly expand the disclosure and information-gathering obligations of mortgage brokerages dealing in non-qualified syndicated mortgage transactions.
Canada
7 Aug 2018
18
Recent "Interest" In Annual Rates
In a recent and surprising decision, Solar Power Network Inc. v. ClearFlow Energy Finance Corp.,1 the borrower, Solar Power Network Inc., successfully attacked loan agreement interest rate ...
Canada
2 Mar 2018
19
Toronto On The Cutting Edge Of Cryptocurrency Technologies
The Toronto City Council is seeking the public's input on how the City's commercial sector can better engage with cryptocurrencies. On Feb. 2, 2018, the City voted to engage in deputations between the public and the City Executive on March 19, 2018.
Canada
23 Feb 2018
20
The Powerful Protections Of The Ontario Repair And Storage Liens Act
An equipment finance company finances the purchase of a truck and registers a purchase-money security interest (a "PMSI") pursuant to the Personal Property Security Act (Ontario) (the "PPSA") to protect its interest.
Canada
20 Feb 2018
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