(
Appeal against Bankruptcy Order, equitable set - off, sale at undervalue by mortgagee, s. 267 Insolvency Act 1985)
(Insolvency; construction dispute;
appeal against bankruptcy order; interaction of bankruptcy jurisdiction and CPR Part 23.11; abuse of process; circumvention of rule in Heath v Tang)
Not exact matches
Subsequently, the trial judge awarded $ 294,271 in attorney's fees to District and
against Roosevelt Lofts under the «tort of another» doctrine for work associated with a
bankruptcy proceeding, the underlying action (especially an
appeal), and a quiet title
against another party basically affiliated with Roosevelt Lofts.
The following day, the wife sent a note to the judge requesting permission to
appeal against the refusal to annul the
bankruptcy order, or to hold a further hearing to reconsider that decision.
[10] This Court has no jurisdiction to suspend the precedential value of Grant Thornton Ltd. v. Alberta Energy Regulator and introduce another legal regime — the one in place before Chief Justice Wittmann released his judgment — for the governance of other bankrupts, receivers and trustees in
bankruptcy and secured creditors for a period commencing with the date of pronouncement of any stay order and ending with the date the Supreme Court of Canada either resolves an
appeal against this Court's judgment or dismisses the applicants» leave - to -
appeal application.
The current
appeal is in relation to a subsequent motion brought by the father for an order annulling the
bankruptcy or, alternatively, lifting the stay under s. 69.4 of the Bankruptcy and Insolvency Act (the «BIA»), and authorizing the father to continue his enforcement of the costs award against the mother's register
bankruptcy or, alternatively, lifting the stay under s. 69.4 of the
Bankruptcy and Insolvency Act (the «BIA»), and authorizing the father to continue his enforcement of the costs award against the mother's register
Bankruptcy and Insolvency Act (the «BIA»), and authorizing the father to continue his enforcement of the costs award
against the mother's registered assets.
Notwithstanding this, the Ontario Court of
Appeal held that the award did not mean there was an equitable trust in the proceeds effective
against the trustee in
bankruptcy.
Although a
bankruptcy filing may protect a real estate licensee
against financial claims, disciplinary complaints can still be filed
against the licensee, a federal
appeals court has ruled.