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Results: 11-20 of 20

A rascal of a doctrine: the elusive definition of resulting trust

McCarthy Tétrault LLP
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Canada
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June 5 2012

The Supreme Court of Canada has recently granted leave to appeal from the judgment of the British Columbia Court of Appeal in Edward Sumio Nishi v. Rascal Trucking Ltd

Cow Harbour true lease characterization decision released: moving in the right direction

Cassels Brock & Blackwell LLP
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Canada
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March 23 2012

Whether a lease is a “true” or “finance” lease has been debated in Canadian courts for decades in many different contexts

Good news for Canadian mortgagees

McCarthy Tétrault LLP
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Canada
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September 12 2012

US lenders in cross-border M&A transactions often ask how real estate security differs in Canada

Doing business in Canada

Gowling Lafleur Henderson LLP
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Canada
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September 17 2012

Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England

Two recent Ontario cases act as a reminder and reconfirmation

Cassels Brock & Blackwell LLP
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Canada
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October 11 2012

In recent years the Ontario Personal Property Security Act (“PPSA”) changed the scope of its application to include all leases for a term of more than one year, regardless of whether it is a “true” or “financing” lease

Fraudulent conveyancespreferences and limitation periods

Aird & Berlis LLP
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Canada
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June 22 2011

During the past 14 months, courts in Ontario have rendered three decisions dealing with the application of limitation periods to claims for fraudulent conveyances or preferences

We still don’t know what is a fixture vs a chattel

Miller Thomson LLP
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Canada
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August 27 2010

The bankrupt farmer ran an equestrian operation

BCCA interprets BIA provisions dealing with landlord rights

Borden Ladner Gervais LLP
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Canada
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November 2 2010

On October 26, 2010, the British Columbia Court of Appeal (the Court) released its decision in Canadian Petcetera Limited Partnership v. 2876 R Holdings Ltd., 2010 BCCA 469 (Petcetera), an important case that addresses the rights of landlords when a tenant has filed a Notice of Intention to make a proposal (NOI) under the Bankruptcy and Insolvency Act (the BIA