This 25 page article provides detailed information on; Issuing the Statement of Claim, Conducting Searches, Taking Self Help Remedies, Choosing the Right Court, Taking Pre-judgement Remedies, Statement of Claim, Using the Simplified Procedures, and Preparing Default Papers.

This 20 page article offers guidance regarding the "Fiduciary Duty" branch of the law from a review of the various legal authorities.

Peter Dillon presented a session at the Ontario Bar Association 2004 Institute in Toronto on Thursday January 29, 2004. Peter's paper dealt with the status of franchise legislation from a global and historical perspective, including upcoming legislation anticipated in Canada. A copy of the paper that accompanied Peter's presentation is attached.

This article will comment upon the current state of bankruptcy and insolvency law in all Canadian jurisdictions, as well as recent statutory and case law developments in Canada in 2002 which are of general importance to bankruptcy and insolvency law.

The Franchise Disclosure Act (Ontario) has introduced a seemingly absolute right of rescission to a franchisee, for breach on the part of the franchisor of its disclosure obligations under the Act. However, the traditional concept by requiring the party claiming rescission to account for benefits received under the contract, has not been included in the provision.

Agri-business, construction, trucking and courier industries: are you SURE that you are contracting with an independent operator?

We recently had cause to act on a very interesting matter. Upon the divorce of a husband and wife, an equalization payment was ordered payable to the wife. It was agreed that the shares in a Corporation of which the husband was a fifty percent owner would be pledged as security for the payments.

The modern franchise industry is relatively new to Canada, having really only become a popular method of doing business in the 1980s. In the short time that franchises have been around in our country, franchise systems have quickly matured and franchisees have become significantly more sophisticated than they once were. As a result, there has been a shift in bargaining power away from the franchisor, toward the franchisee

Two recent cases dealing with the rights of unsecured creditors against a discharged bankrupt should be of interest to practitioners and creditors in that both cases support the rights of the creditor to pursue the bankrupt or his or her assets after discharge from bankruptcy.

In recent years, businesses have become more reliant on the use of intellectual property and technology assets from a variety of suppliers in all aspects of their operations. Value has moved from bricks and mortar to brains and intangibles. Secured creditors are now more than ever subject to the same risks as those to which the borrower itself is exposed

 As is the case with any negligence action, to be successful the plaintiff must prove three things as follows: i) that the plaintiff was owed a duty of care by the defendant; ii) that the duty of care was breached by the defendant; and iii) that the damages suffered by the plaintiff flowed from that breach. The first requirement would be the major hurdle to cross for any third party wishing to sue a director or officer personally.

The focus of this paper is to address the relatively recent developments in the law in relation to priorities available to be claimed by Revenue Canada in circumstances when a taxpayer is insolvent, and to summarize the enhanced priority claims available to Revenue Canada.