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ARTICLE · 11 OCTOBER 2019

Court Of Appeal Summaries (September 23-27)

Blaney McMurtry LLP
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Following are this week's summaries of the civil decisions of the Court of Appeal for Ontario.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Following are this week's summaries of the civil decisions of the Court of Appeal for Ontario.

In Urbancorp Toronto Management, the Monitor unsuccessfully sought to set aside security granted in favour of Urbancorp's arm's length electrical contractor as being a transaction under value or a fraudulent conveyance. The basis of the challenge was not that the electrical contractor was not an arm's length party (it was arm's length), but that the party that provided the contractor with the impugned security was not arm's length from the party that owed the debt to the electrical contractor. The Court rejected this approach. It confirmed that the focus of the analysis had to be on the relationship between the transferor and transferee, not between the transferor and other parties related to the transferor that may have benefitted from the transaction.

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