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Brandon Blog Post

PROBATE IN ONTARIO – SMITH ESTATE TRUSTEE ONTARIO BEGINS

Introduction I have written several blogs on the topic of when someone dies and their estate is insolvent.  One of our most popular blogs is WHAT HAPPENS TO DEBT WHEN YOU DIE CANADA: ARE YOU FREE OF DEBT?  I have also written on estate matters including probate in Ontario.    Not from an insolvent estate […]

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Brandon Blog Post

FILING BANKRUPTCY IN CANADA: RETAILER BANKRUPTCIES AND CO-TENANCY

If you would prefer to listen to an audio version of this filing bankruptcy in Canada Brandon’s Blog, please scroll to the bottom and click on the podcast. Introduction I read one article and one legal case over this past weekend that gave me the idea for this Brandon’s Blog about filing bankruptcy in Canada.  […]

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BANKRUPTCY ACT CANADA: ARE YOU REALLY PREPARED FOR IT?

Introduction No person wishes to go make a filing under the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (Bankruptcy Act Canada), however occasionally it is inevitable. You might think that people who file are just those that are careless with their finances.  However, with most of the people I see, it is usually an […]

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THE BUSINESS OF INSOLVENCY AND BANKRUPTCY ACT SYSTEM PREVAILS

If you would prefer to listen to an audio version of this insolvency and bankruptcy act Brandon’s Blog, please scroll to the bottom and click on the podcast. Introduction The administration of the Canadian insolvency and bankruptcy system and the enforcement of the insolvency and bankruptcy act is delegated to the Office of The Superintendent […]

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COURTS OF JUSTICE ACT: COURT OF APPEAL FOR ONTARIO CREATES NEW RULE?

Introduction On June 19, 2019, the Court of Appeal for Ontario, released its decision in the matter of Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., 2019 ONCA 508 (the Dianor decision).  This case was heard in September 2018.  It has to do with a Court-appointed Receiver, appointed under both the Courts of […]

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INSOLVENT MEANING RESTORED IN COURT OF APPEAL FOR ONTARIO

If you would prefer to listen to the audio version of this Insolvent Brandon’s Blog, please scroll to the bottom and click on the podcast Introduction On November 28, 2018, I published my Brandon’s Blog titled “INSOLVENT DEFINITION: A NEW FOCUS FOR TORONTO BANKRUPTCY TRUSTEE”.  I wrote about a then recent decision of the Ontario […]

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Brandon Blog Post

RESP CONTRIBUTION NOT PROTECTED IN BANKRUPTCY

If you would prefer to listen to the audio version of this RESP contribution not protected in bankruptcy Brandon’s Blog, please scroll down to the bottom and click on the podcast Introduction Many parents contribute to a Registered Education Savings Plan (RESP) to save for their children’s post-secondary education.  Unlike a Registered Retirement Savings Plan […]

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OSAP BANKRUPTCY IS NOT AS SIMPLE AS YOU MIGHT THINK

OSAP bankruptcy Introduction I have written before on the issue of the difficulty in discharging student loans through bankruptcy.  Bankruptcy will certainly not release your student loans debt until you’ve been out of full or part-time studies for 7 years.  It is also question and answer #8 in our TOP 20 PERSONAL BANKRUPTCY FAQS found […]

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CONSUMER PROPOSAL CANADA: A BLUEPRINT TO STOP BILL COLLECTORS

If you would prefer to listen to the audio version of this Consumer proposal Canada Brandon’s Blog, please scroll down to the bottom and click on the podcast. Introduction I have written before on the concept of how a bankruptcy filing puts into place a stay of proceedings.  A section of the Bankruptcy and Insolvency […]

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ONTARIO COMMERCIAL LEASE AGREEMENT: INSOLVENT COMMERCIAL TENANT

  Introduction I reviewed a Court decision out of Alberta that was rendered on April 4, 2019.  The case is Royal Bank of Canada v. Parkland Properties Ltd., [2019] A.J. No. 412,  from the Alberta Court of Queen’s Bench.  In reviewing this case about an insolvent tenant, who later became a bankrupt commercial tenant, the […]

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