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ARTICLE · 12 MAY 2020

Court Of Appeal Summaries (April 27 – May 1)

Blaney McMurtry LLP
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Please find our summaries of last week's civil decision of the Court of Appeal for Ontario.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Please find our summaries of last week's civil decision of the Court of Appeal for Ontario.

In Curriculum Services Canada/Services Des Programmes D'Études Canada (Re), the Court confirmed that once a trustee in bankruptcy disclaims a lease, the landlord is limited to its preferred claim for three months' accelerated rent, as per the Bankruptcy and Insolvency Act. The landlord was permitted to claim the unpaid balance of its preferred claim as an unsecured creditor, but was not entitled to assert a claim for unpaid tenant inducements that became payable under the lease only upon termination of the lease.
Other cases covered last week included the interpretation of releases, the test for rectification and a pleadings motion in respect of breach of contract and other claims relating to the construction of the athlete's village for the 2015 PanAm Games in Toronto..

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