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Articles by Miranda Spence
To Attorn Or Not To Attorn: Ontario Court Of Appeal Clarifies Impact Of Complying With A Disclosure Order On Jurisdiction In Trop V. Trop
To listen to an audio recording of this article, click here. Parties and non-parties to litigation are oftentimes ordered to provide disclosure early on in the process. When these parties are located outside of Ontario or Canada, there may be concerns that complying with such an order constitutes attorning (i.e., conceding) to the jurisdiction of the court making the disclosure order. In the recent decision of Trop v.
Recent Changes To Proceedings Before The Capital Markets Tribunal
On March 19, 2024, the Capital Markets Tribunal (the "Tribunal") introduced substantial amendments to its Rules of Procedure (the "Rules"). The new Rules replace the former Rules of Procedure and Forms and Practice Guideline to provide a single source of guidance to improve the efficiency of Tribunal proceedings, and apply to all Tribunal proceedings, including those proceedings commenced prior to the implementation of the new Rules. This bulletin summarizes the key amendments to the Rules.
Great [Privacy] Expectations: Supreme Court Rules On Privacy Rights In IP Addresses In R. v. Bykovets
In a recent 5-4 split decision, the Supreme Court of Canada (the "Court") held that internet users have a reasonable expectation of privacy in the subject matter of their internet protocol ("IP") addresses. Accordingly, requests from government agencies to internet third parties for users' IP addresses is a "search" within the meaning of section 8 of the Canadian Charter of Rights and Freedoms1 and may be a violation of the right against unreasonable search and seizure. The appellant in R. v.
Issues With Issuance In The Event Of Default
Can a Notice of Sale Under the Mortgages Act Be Issued Concurrently with a Notice of Intention to Enforce Security Under Section 244 of the Bankruptcy and Insolvency Act? On December 1, 2023, the Superior Court of Justice (Commercial List) (the "Court") released its decision inCBJ Developments Inc. v. 1180554 Ontario Limited, 2023 ONSC 6773, addressing whether a notice of intention to enforce security ("BIA Notice") issued under section 244 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c.
Issues With Issuance in the Event of Default
On December 1, 2023, the Superior Court of Justice (Commercial List) (the “Court”) released its decision in CBJ Developments Inc. v. 1180554 Ontario Limited, 2023 ONSC 6773, addressing whether a notice of intention to enforce security (“BIA Notice”) issued under section 244 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “BIA”) can be issued concurrently with a notice of sale under the Mortgages Act, R.S.O. 1990, c. M.40 (the “Mortgages Act”).
Clarity in Appeal Procedures: The BIA Prevails
Back to all publications Jan 23, 2019 By Steven L. Graff, Miranda Spence, Kyle B. Plunkett and Monica Carinci A recent decision of Justice Watt of the Ontario Court of Appeal definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act (the “BIA”)1 and the Courts of Justice Act (the “CJA”).2 Justice Watt’s decision in Business Development Bank of Canada v. Astoria Organic Matters Ltd.
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