Author Archives: Angelo D'Ascanio

The Benefits of Learning to Skate Backwards as a Lawyer
Posted on: April 12th, 2019 by

One of my mentors used to say to me that to be a good lawyer
you needed to learn to skate backwards. The value of this metaphor is evident
from the Divisional Court’s decision in Basegmez[i]

In Basegmez: 3
partners/shareholders invested in an hotel and condo project; 1 of them was
responsible for day to day management; 
the other

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The Oppression Remedy Reaches Middle-Age – Reflections 44 Years Later
Posted on: January 30th, 2019 by

The statutory oppression remedy is the The Six Million Dollar Man of commercial litigation: a “better, stronger, faster” remedy for addressing oppressive shareholder conduct.

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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