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In Callidus we “Trust” – The SCC Rules on the...

Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47 (SCC) Callidus was a secured creditor of Cheese Factory Road Holdings Inc. Pursuant to a trust agreement, Cheese Factory held all funds received in trust for Callidus and remitted them to be applied to its debt. The amounts paid to Callidus under this arrangement […]

NL Court Finds Standard Mortgage Clause Defeats Canada Revenue Agency...

This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”). The Property was insured by Travelers Canada (“Travelers”).

Court Lifts Stay of Proceedings to Enforce Costs Award Against...

Following eight years of protracted and acrimonious child custody litigation, the father of the children in question was awarded $200,000 in costs against their mother, who subsequently declared bankruptcy without having paid any of the costs award.

Fraud of Homecare Administrator Survives Bankruptcy Discharge

Over the course of two years, a retirement home administrator by the name of Melissa Gibson-Heath stole $229,000 from an elderly resident of the retirement home where she worked, the Fairfield Manor East.

NL Court of Appeal Restates Principles That Apply to Claims...

In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals.

Implied Undertaking Rule Inapplicable in Context of Independent Medical Examination

In this case, the Newfoundland & Labrador Court of Appeal considered the scope of the implied undertaking rule in circumstance involving an independent medical examination.