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Court Considers Penalties Against Judgment Debtor for Contempt of Court

Enforcement against judgment debtors often requires recourse to Rule 60 of the Rules of Civil…

Pandemic Equipment Business Tries to Back Out of Promissory Note

Getting into a business arrangement with a new partner can be an exciting time, with…

Fraud, Letters of Credit & the Autonomy Principle

A standby letter of credit is a promise from a bank to a creditor that…

The Anti-Deprivation Rule, Part 1: Fraud in Bankruptcy

Protecting or preserving assets during a time of insolvency is a natural temptation of debtors.…

The Presumption of Undue Influence

The equitable doctrine of undue influence is there to prevent one person from taking advantage…

What Constitutes a Fraudulent Conveyance?

The recent case of Anisman v. Drabinsky is a summary judgment decision from the Ontario…

Judgment Debts, Fraud and Bankruptcy

Many people assume that bankruptcy protects them from all creditors, across the board, however, this…

Mortgage Enforcement and Penalties

Introduction The general commercial practice for lenders is to include a contractual term imposing a…

Annulling An Assignment into Bankruptcy

Introduction: The life of a creditor in the commercial world is not always easy. Debtors…

A Saga of Debt Avoidance

Both the Ontario Superior Court of Justice (“ONSC”) and the Court of Appeal for Ontario…