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Results: 1-10 of 36

IIROC enforcement proceedings

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 24 2014

Pariak-Lukic (Re), an investments adviser, suggested second mortgages to long time clients through a private company (Lakepoint). Her husband was the

IIROC enforcement decisions and settlements

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 4 2014

Pariak-Lukic (“Lukic”) as adviser, suggested second mortgages to long time clients through a private company (Lakepoint). Her husband was the

Supreme Court of Canada provides comfort on the law of guarantees

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 20 2013

Last week, the Supreme Court of Canada dismissed the leave to appeal application in Royal Bank of Canada v. Samson Management & Solutions, a case

Important new decision clarifies claims against financial institutions and defences under the Personal Property Security Act

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 24 2013

The opening paragraph of the Reasons for Judgment of the Honourable Mr Justice Myers in CFI Trust v. Royal Bank of Canada 2013 BCSC 1715 is one of

SEC has jurisdiction over investments in Bitcoin

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • August 30 2013

Bitcoin is 'an electronic form of currency unbacked by any real asset', the supply of which is 'based on an algorithm which structures a

Lenders can breathe a sigh of relief as the law of guarantees remains unchanged

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 21 2013

On May 13, 2013, the Ontario Court of Appeal released its highly-anticipated decision in Royal Bank of Canada v. Samson Management & Solutions, a

Lenders must ensure compliance with guarantee conditions or risk discharge of guarantee: Coast Mountain Aviation v. Brooks Enterprises

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 1 2013

A recent British Columbia Supreme Court decision in Coast Mountain Aviation Inc. v. M. Brooks Enterprises Ltd. held that the guarantor of a loan was

Unenforceable guarantees: decision under appeal!

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 6 2012

In our recent client update entitled Unenforceable Guarantees: Lenders Take Note! we reviewed the surprising Ontario Superior Court decision in Royal Bank of Canada v. Samson Management & Solutions Ltd

Inadvertently discharged PPSA financing statement saved by equity (but caution, this will not always occur)

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 13 2012

A recent Supreme Court of British Columbia decision in KBA Canada v. 3S Printers Inc. held that where a BC PPSA financing statement has been inadvertently discharged and there is no prejudice to subordinate creditors, the court can make an order giving priority to the discharged creditor

Unenforceable guarantees: lenders take note!

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 6 2012

A recent Ontario Superior Court decision in Royal Bank of Canada v. Samson Management & Solutions Ltd. addresses the enforceability of guarantees and drives home the lesson that when increasing the amount or changing conditions under a loan agreement, the lender (a) should not terminate the old loan agreement and replace it with a new one and (b) should always have a new guarantee provided or the old guarantee confirmed