Author Archives: Angelo D'Ascanio

Crossing the Line: Judgment Proofing and the Oppression Remedy
Posted on: May 17th, 2017 by

The Ontario Divisional Court’s decision in T. Films S.A.. v. Cinemavault Releasing International Inc., 2016 ONSC 404 [1] is a reminder that “judgment proofing” is susceptible to attack under the statutory oppression remedy.[2]

Films S.A. involved a situation where T. Films S.A. retained Cinemavault Releasing International Inc. (“CRI”) to act as exclusive distributor

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Calculating the 45 Day Construction Lien Period: When a Lien Period Can Extend Beyond 45 Days
Posted on: October 1st, 2016 by

Court Holds 45 Day Lien Period Can Be Met Despite Subcontractor Not Being on Site For More than 45 Days Due to Scheduled Winter Shut Down

Are Restrictive Covenants in Restraint of Trade Enforceable: Sometimes
Posted on: June 3rd, 2016 by

The Ontario Court of Appeal’s recent decision in MEDIchair LP reminds me of how difficult it can be for a lawyer to answer the question: Do you think this noncompetition agreement is enforceable?

Unintended Consequences: Schnier v. Canada (Attorney General), 2016 ONCA 5
Posted on: May 3rd, 2016 by

On January 6, 2016, the Ontario Court of Appeal released its decision in Schnier v. Canada (Attorney General), addressing the question of whether a bankrupt’s personal income tax debt under appeal constitutes “personal income tax debt” as that phrase is used in the Bankruptcy and Insolvency Act (“BIA”).

Does the Court’s decision create a situation where personal income tax debt

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