The following are our summaries of this week's civil
decisions of the Ontario Court of Appeal.
First, I'd like to congratulate our very own Eric Golden on
successfully representing the moving party receiver in B&M
Handelman Investments Limited v Drotos, 2018 ONCA 58. The case
dealt with the limited circumstances under which an appeal can be
brought, or leave to appeal could be sought, from a sale approval
and vesting Order under the Bankruptcy and Insolvency Act,
with a focus on whether there was any duty on the Receiver to
consult with fulcrum creditors on its marketing and sale processes
relating to various types of real estate properties.
Other topics covered this week included the validity of a will
of someone with chronic alcoholism, the Court of Appeal's
jurisdiction to hear an appeal from an order dismissing an
application for habeas corpus in the immigration law
context, zoning bylaw interpretation, easements, summary judgment
in the commercial lease
