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10 Nov

Therapists not personally liable for debts of bankrupt sports medicine clinic

Thursday, November 10, 2022James R.G. CookLitigationSports, Bankruptcy, COVID-19, Bankruptcy and Insolvency Act, Business Corporations Act

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A creditor who sees the owners of a bankrupt company start up a new profitably-looking business while walking away from the prior company’s debts may understandably feel that they have...

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18 Jul

Leave required to sue representative of trustee in bankruptcy

Monday, July 18, 2022James R.G. CookLitigationBankruptcy, Bankruptcy and Insolvency Act

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Trustees in bankruptcy are granted protection from civil claims for acts and omissions under the Bankruptcy and Insolvency Act (“BIA”), as the statute requires...

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11 Jul

Ponzi scheme participants ordered to return payments that were "too good to be true"

Monday, July 11, 2022James R.G. CookLitigationBankruptcy, Limitations Act, Bankruptcy and Insolvency Act

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Investors in a scheme that seems too good to be true should be aware that they may be liable to return the funds under principles of unjust...

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31 May

Administrative Monetary Penalties in the Afterlife

Monday, May 31, 2021Kenneth JullLitigation, Bankruptcy and InsolvencyBankruptcy, Bankruptcy and Insolvency Act, Administrative Monetary Penalty

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Allegations of criminal or regulatory violations are often made in the civil and administrative law world. A securities broker may be alleged to have defrauded investors by making false statements regarding the use of...

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25 Jan

Transfers at an Undervalue; Backfires in Creditor Proofing

Wednesday, January 25, 2017Bankruptcy and Insolvency, LitigationBankruptcy, Insolvency, Transfer at an undervalue

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Individuals faced with financial pressures and money problems understandably try to protect what little assets they may have left. In particular they...

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