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ARTICLE · 10 AUGUST 2024

Court Of Appeal Summaries (August 5 – 9, 2024)

Blaney McMurtry LLP
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T.O. Estate v. D.O. was a family law decision that dealt with debts owing between the spouses and their corporations

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 5, 2024.

T.O. Estate v. D.O. was a family law decision that dealt with debts owing between the spouses and their corporations. At trial, the $341,000 debt owing by the wife's company to the husband was found to be statute-barred. The wife was found to owe $40,346 to the husband. The Court allowed both their appeals. The large debt owing by the wife's company was found not to be statute-barred, as it was a demand loan and demand was made within two years of when the husband sued on that debt. However, the Court found that the wife's personal debt was owing to the husband's corporation, not the husband, so the wife's appeal in respect of this smaller debt was allowed.

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