Commercial Litigation NetLetter-11 December 2003.HIGHLIGHTS In determining whether to approve a premium on a bill rendered by lawyers acting as counsel to the liquidator Liquidator Person appointed by an unsecured creditor in the United Kingdom to oversee the sale of an insolvent firm's assets and the repayment of its debts. of an insolvent corporation, a court must take into account the views of the liquidator and the interest and position of the corporation's creditors. Christian Brothers Christian Brothers: see John Baptist de la Salle, Saint. of Ireland in Canada (Re), [2003] O.J. No. 4249 (C.A.). Visit Quicklaw to access the full article Despite the higher standard of proof on a motion for contempt of an order, such a motion will succeed where the circumstances give rise to an inference that a party has taken steps to avoid the effect of the order and no evidence is led to rebut To defeat, dispute, or remove the effect of the other side's facts or arguments in a particular case or controversy. When a defendant in a lawsuit proves that the plaintiff's allegations are not true, the defendant has thereby rebutted them. TO REBUT. the inference. Peel Financial Holdings Ltd. v. Western Delta Lands Partnership, [2003] B.C.J. No. 2392 (C.A.). Visit Quicklaw to access the full article As a general rule, in view of the importance of solicitor-client privilege In the law of Commonwealth countries, solicitor-client privilege (also referred to as legal professional privilege or client legal privilege) is a class-based privilege that protects all communcations between a solicitor and his or her clients from being disclosed in court against and the difficulties inherent in determining the extent to which information contained in a lawyer's bill of account is neutral, the quantum of a lawyer's fees prima facie [Latin, On the first appearance.] A fact presumed to be true unless it is disproved. In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. will be protected by privilege. Maranda v. Richer, [2003] S.C.J. No. 69 (S.C.C.). Visit Quicklaw to access the full article A purchaser of stock in a bulk sale who fails to comply with the Ontario Bulk Sales Act, will only be required to account for the proceeds of the sale where the proceeds were not fully distributed Fully distributed A new stock issue that has been completely resold to the investing public and is no longer held by dealers. fully distributed Of or relating to a new issue of securities that has been sold out. to creditors and the creditor seeking relief has received less than it would have had there been full compliance with the Act. National Trust Co. v. H & R Block Canada Inc., [2003] S.C.J. No. 70 (S.C.C.). Visit Quicklaw to access the full article As an order entered on consent can only be varied in circumstances where the underlying contract can be set aside, the mere unilateral mistake of one party is not a sufficient ground to vary the order. Buschau v. Rogers Communications Rogers Communications Inc. (TSX: RCI.A, TSX: RCI.B, NYSE: RCI) is one of Canada's largest communications companies, particularly in the field of wireless communications and cable television, with additional telecommunications and mass media assets. Edward S. Inc., [2003] B.C.J. No. 2579 (S.C.). Visit Quicklaw to access the full article This article was edited by Perry Hancock, a research lawyer with Lenczner Slaght Royce Smith Griffin. Copyright Lenczner Slaght Royce Smith Griffin and Lexisnexis Canada Inc., 2003. Reproduced with the permission of the copyrightholders. Further distribution is not permitted. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Lenczner Slaght Royce Smith Griffin 130 Adelaide Street West Suite 2600 Toronto Ontario M5H 3P5 CANADA Tel: 4168659500 Fax: 4168659010 E-mail: PHancock@lsrsg.com URL URL in full Uniform Resource Locator Address of a resource on the Internet. The resource can be any type of file stored on a server, such as a Web page, a text file, a graphics file, or an application program. : www.lsrsg.com (c) Mondaq Ltd, 2003 - Tel. +44 (0)20 7820 7733 - http://www.mondaq.com |
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