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ARTICLE · 27 AUGUST 2020

Court Of Appeal Summaries (August 17 – 21, 2020)

Blaney McMurtry LLP
Blaney McMurtry LLP
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There was only one substantive decision of the Court of Appeal for Ontario last week.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

There was only one substantive decision of the Court of Appeal for Ontario last week.

In a lengthy decision in McEwen (Re) , the Court determined that a panel of the Court had the jurisdiction to review the decision of a single member of the Court sitting in chambers that denied leave to appeal under s. 193(e) of the Bankruptcy and Insolvency Act.

CIVIL DECISIONS

McEwen (Re), 2020 ONCA 511

[Gillese, Brown and Paciocco JJ.A.]

Counsel:

Harvey Chaiton and Alan L. Rachlin, for the moving party, Traders General Insurance Company

Joseph Y. Obagi, for the responding parties, BC et al.

Keywords: Torts, Negligence, MVA, Contracts, Automobile Insurance, Bad Faith Claims, Bankruptcy and Insolvency, Automatic Stay, Property of the Bankrupt, Choses in Action, Civil Procedure, Lifting Automatic Stay, Appeals, Motions to Review, Jurisdiction, Leave to Appeal, Constitutional Law, Doctrine of Paramountcy, Bankruptcy and Insolvency Act, R.S.C.

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