Author Archives: Angelo D'Ascanio
The Benefits of Learning to Skate Backwards as a Lawyer
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
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
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
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
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
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