Newsletter Archives
"DebtBeat" – Collection
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June 2010
Re White
Bankruptcy offences prosecution with leave considerations
Telehop Communications v. Chamberlain
Failure to appear for judgment debtor examination contempt jail imposed
April 2010
Limitation period guarantee demand necessary
Statutory accident benefits - garnishment
February 2010
De Coito v. DeCoito
Priority for maintenance arrears over execution creditor unjust enrichment
Toronto-Dominion Bank v. Solferino Cafι Inc.
Creditor complains about investment advice bank not liable for bad investment attempted new duty of
care
December 2009
TD Canada Trust v. 2086122 Ontario Inc.
Appraisal of assets too high bank an agent bank an investment advisor ambiguity between
documents
The Toronto-Dominion Bank v. Campian
Employee partner with borrower agent of bank borrower to claim contribution against partner not bank
October 2009
Ker Estate v. DeRose
Seize payments from estate to beneficiary money that has vested may be garnished if not paid and
intercepted
Royal Bank of Canada v. Clarke
Fraudulent conveyance prior intention to transfer does not save a transfer made after debts were
incurred
August 2009
Far East Products Ltd. v. 1104742 Ontario Ltd.
Oppression section section 248 protect creditor stripping corporation director/principal personally
liable
Re Mako
Application for discharge from bankruptcy alleged causes were gambling and sending money to family
abroad debtor not believed
neither honest nor misfortunate
June 2009
Haaksma v. Haaksma
Fraudulent debtor money going around in a circle backdated documents hidden trust equity
without clean hands resulting trust
April 2009
2105673 Ontario Inc. v. Chorny
Bank of Nova Scotia v. Williamson
Limitation period guarantee demand necessary corporation dissolved revival - effect
February 2009
Isofton v. TD Canada Trust
Force supply of information from third party identify evidence find and preserve evidence trace and preserve
assets reasonable claim only practicable source
Re Assaf Estate
Garnish SCJ accountant set order under Rule 72.05 motion under section 23 of Creditor's Relief Act
December 2008
TD Canada Trust v. B&B Enterprises (London) Ltd.
Guarantee demand for payment restructuring part of demand security preservation
Ronee v. Machalik
Section 178 fraud in fiduciary capacity requirements for fiduciary
October 2008
Bank of Nova Scotia v. Jorgensen
Line of credit not closed husband uses it and wife knows nothing wife not liable husband bankrupt no fresh
consideration for line after bankruptcy
Marks & Marks LLP v. Galetta
Interpleader - disinterested stakeholder cannot be forced to pay more than what is not in issue
August 2008
The Toronto-Dominion Bank v. Cushing
discharge mortgage bank error to allow use of line of credit - bankruptcy section 178 false
pretences - fraudulent misrepresentation
June 2008
Salna v. Hie
fraudulent conveyance insurance garnishment evidence proof
April 2008
Canadian Imperial Bank of Commerce v. McDonald
Mortgagee not supplying statement breach of agreement between counsel costs
Capital One Bank v. Matovska
Bank of Montreal v. Dabreka
Post-judgment interest rate pre-judgment interest rate choose contractual rate
February 2008
Reviczky v. Meleknia
Fraud priority deferred indefeasibility opportunity to avoid fraud deal with fraudster duty to
enquire - agency
December 2007
South Holly Holdings v. Nguyen & Ngoc
Adelaide Capital Corp v. Minott
Extending writ of seizure and sale breach of agreement to settle judgment mistake in effect of prior
agreement - interest to be applied discretion if delay
October 2007
Adelaide Capital Corp. 412259 Ontario Ltd.
Extending writ of seizure and sale tests for leave after writ expires leave for garnishment after 6 years
August 2007
Flewelling v. Flewelling
Writ of execution loses to maintenance order Family Law Act 2(11) Creditors Relief Act 4(1)
Shea v. Fraser
Separation agreement provides for equalization payment payment survives bankruptcy if it is
substitution for maintenance or support Bankruptcy and Insolvency Act section 178(1)(c)
June 2007
Bank of Nova Scotia v. Villafuerte
Agent misrepresentation within scope of agency while agent - binds principal
Hazardous business activities section 173(1)(e) of BIA delay in discharge only
April 2007
Lawrence v. Wright
Fraud priority deferred indefeasibility
Dahl v. Royal Bank of Canada
Interest from transaction date from merchant's payment date
February 2007
Toronto-Dominion Bank v. Jaing
Household Realty v. Liu
Rabi v. Rosu
Lawrence v. Wright
Fraud priority title insurance
December 2006
Communication Technology Credit Union v. Schell
Bankruptcy section 178 fraudulent misrepresentation discharge debt non-disclosure, concealment,
strategic silence
Manufacturers Life Insurance v. Elgie
mortgagee in possession deal prudently and diligently with security failure resulting damages interest-
costs
October 2006
Mullin v. R-M & E Pharmacy
Garnishment discretionary bankruptcy - general damages for pain and suffering
Workers' Compensation Board v. Lettroy
Equitable receiver execution Pension Benefits Act no seizure of pension benefits
August 2006
MCAP Service Corp. v. Toronto-Dominion Bank
failure to register mortgage equitable mortgage priority between mortgagees
Royal Bank of Canada v. 1130703 Ontario Ltd.
civil action bankruptcy petition request to stay petition under section 43(11) BIA; no bona fide dispute
June 2006
Manufacturers Life Insurance v. Elgie
mortgagee in possession deal prudently and diligently with security failure resulting damages
NBY Enterprises Inc. v. Duffin
increased interest rate on default penalty due on missed or late payment section 8 of Interest
Act - unenforceable
April 2006
Toronto-Dominion Bank v. Jaing
Household Realty Corp. v. Liu and Chan
CIBC Mortgages Inc. v. Liu and Chan
deferred indefeasibility immediate indefeasibility Land Titles Assurance Fund
validity of fraudulent mortgage
February 2006
Chan v. Stockwood
fraudulent conveyance scheme hinders, delays, or defeats creditors inadequate
consideration lawyer devises plan - is lawyer liable
Kajtar (trustee of) v. Bannerman
property held in trust not part of estate
December 2005
Bank of Montreal v. Witkin
Canada Trustco Mortgage Company v. Pierce Estate
negligent misrepresentation fiduciary duty setoff mitigation of damages
October 2005
Re Zolnierowicz
Bankruptcy discharge conditional suspended fresh start fiscal car wash
Royal Bank of Canada v. State Farm Fire
Mortgage clause statutory condition no. 4 notice after vacancy policy void
August 2005
Canada Trustco Mortgage Company v. Pierce Estate
Failure to comply with lending guidelines cause of action for borrower borrower mentally ill Trustee Act setoff limitation period
June 2005
Pilot Insurance Co. v. Foulidis
Fraudulent conveyance smell factor badges of fraud purging fraud
April 2005
Canada Trustco Mortgage Company v. Park
Tenants Protection Act Mortgages Act conflict as to priority termination if fixed term of tenanacy
February 2005
Grefford v. Fielding
Certificate of pending litigation before judgment in main action tests high probability ofsuccessdefeating creditors balance of convenience
December 2004
Scavarelli v. Bank of Montreal
Fiduciary duty advice given small business loan
October 2004
Amherst Crane Rentals Ltd. v. Perring
RSP benefits are exempt if paid to designated beneficiary under Plan after death
August 2004
Re Shelson
Bankruptcy discharge effect on prior acquired property trustee reaching back to claim
Re Fields
Execution Act $5,000 vehicle exemption
June 2004
Royal Bank of Canada v. Matutschovsky
Settlement set aside - no independent legal advice - discretion
Royal Bank of Canada v. Trentadue
Proof - Visa or MasterCard - credibility - collectors' notes
April 2004
Royal Bank of Canada v. State Farm Fire
Mortgage clause statutory condition no. 4 notice after vacancy policy voidPillar Sausages & Delicatessen Ltd. v. Cobbs
costs awarded on substantial indemnity basis Court of Appeal dismisses appeal
February 2004
National Trust v. Newmaster
Floating mortgages discharge line of credit not fully paid prejudice to debtor reliance of lawyerDecember 2003
Bressi (Trustee of) v. 1418146 Ontario Limited
Writ of sequestration contempt of court breach of order bankruptcy front manOctober 2003
Piller Sausages & Delicatessens Ltd v. Cobb
Oppression stripping of assets shareholder liable to creditor
August 2003
Haskett v. Equifax Canada Inc.
Class action showing pre-bankruptcy debts cause of action economic damages in tort
proximate relationship policy reasons parent corporation not liable for subsidiary corporation.
June 2003
Tran v. Financial Debt Recovery
Collection Agencies Act harassment defamation interference with economic relations reasonable apprehension of bias
April 2003
CIBC Mortgage Corporation v. Rowatt
Undue influence presumption of evidence - unconscionability only - ILA no negligencefor not following own procedures -
January 2003
Amherst Crane v. Perring
Proceeds of RSP with beneficiary designation creditors cannot attack proceeds
Re Shields
Bankruptcy Execution Act exemption for car less than $5,000 creditor cannot
claim exemption for bankrupt/debtor
December 2002
Toronto-Dominion Bank vs. Valentine
Demand loan insurance policy void on demand - negligence
October 2002
Gedja Holdings Inc. v. Gondosch
Undue influence guarantee constructive knowledge independent legal advice
-ILA
July 2002
Genereux v. Carlstrom
Fraudulent conveyance future creditors
June 2002
National Bank of Canada v. Picton
Independent legal advice - ILA - non est factum joint ad several liability
Cina v. Ultratech Tools and Gauge Inc.
Business name - garnishment
April 2002
Cook v. Craig
Independent legal advice - ILA - non est factum - breach of fiduciary
duty- withholding information - conflict of interest
Thomas v. Quality Mechanical Services Inc.
Shareholder not able to sue for corporation's cause of action
February 2002
Avco Financial Services v. Norman
Loan insurance duty of loans officer to explain insurance denied negligence of loans officer
December 2001
HSBC Bank of Canada v. Drapery & Blind Shop Inc.
Canada Small Business Financing Act
2923238 Canada Ltd. v. Royal Bank of Canada
Injunction stall tactics notice of intention to enforce forbearance agreement