Articles

About ArticlesThe below articles are published by the Business Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Lauren Dalton

Today
Today

Supreme Court of Canada

  • March 21, 2012
  • Jennifer Babe

1. GST Garnishment Served Pre-Bankruptcy Remains Effective Toronto-Dominion Bank v. Canada, 2012 SCC 1, 340 D.L.R. (4th) 400; on appeal from 2010 FCA 174 2. GST v. The Indian Act Robert Obonsawin v. The Queen, leave to appeal dismissed with costs, 34341 (February 9, 2012)

Submission on Cash Collateral

  • March 21, 2012
  • Jennifer Babe

On February 6, 2012 the Ontario Bar Association through the work of the PPSL Subcommittee of the Business Section, issued its submission on perfecting security interest in cash collateral to the Government of Ontario.

Other Cases

  • February 06, 2012
  • Jennifer Babe

1. The “Sovereign Man” - the shake-down 2. Auctioneer not liable for conversion 3. Deficient Collateral Description in Financing Statement 4. Delayed Payment Trigger did not Offend Limitations Legislation

Supreme Court of Canada

  • February 06, 2012

Priority of Pension Trust Claim v. DIP Lender Re Indalex, 2011 ONCA 578, SCC leave to appeal granted December 1, 2011

Legislation

  • February 06, 2012
  • Jennifer Babe

1. Bill S-5: Section 427 Security vs. Unperfected Security Interest 2. New s. 10(2)(b) Interest Act Regulations

Business Law

The New U.K. Bribery Act and its Implications for Canadian Companies

  • November 27, 2011
  • David Morritt, Eric Morgan

The new U.K. Bribery Act’s extra-jurisdictional reach is wide enough to potentially apply to Canadian companies; Canadian companies are reminded that issues of corruption throughout their operations need to be carefully examined and addressed.

Business Law

Impact of the Indalex Decision on Secured Lending

  • November 27, 2011
  • Barbara J. Boake, James D. Gage, Kevin P. McElcheran

In August 2011, in the proceedings of Indalex Limited under the Companies’ Creditors Arrangement Act, the Ontario Court of Appeal made the surprising decision to give priority to Indalex’s pension plan wind-up deficiency claims over the claims of Indalex’s CCAA-secured lender.

Business Law

New National Instrument 45-106 Reporting Form in British Columbia

  • November 25, 2011
  • Nancy Choi

Effective October 3, 2011, National Instrument 45-106 - Prospectus and Registration Exemptions (“NI 45-106”) has been amended to include the filing of a new form for the report of exempt distributions (“Form 45-106F6”).

Business Law

Other Cases

  • November 21, 2011

1. Domain Names are “Property” for Ontario Rules of Civil Procedure 2. Breach of PPSA as Defence to Guarantee? 3. No Proposal, No Stay Order 4. Criminal Fraud Charges v. Acceleration of the Debt 5. Recall Rights and WEPPA Claims 6. Knowledge of Prior Security Interests by a Creditor Corporation

Business Law