Search results
Results from the WOW.Com Content Network
The Ontario Court of Appeal has ruled that, in the case of a "requirement to pay" under the Income Tax Act (Canada) that was issued after a notice of application to appoint a receiver (but before the court heard the application), supported by an ex parte "jeopardy order" issued by the Federal Court of Canada under s. 225.1(1) of that Act, [60 ...
any proceedings against the debtor company, while negotiations are held to secure a compromise or arrangement with creditors and shareholders. The court may extend the protection for any period it sees fit. [32] A stay may be lifted upon application to the court, but only in very restricted circumstances:
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
The Farm Debt Mediation Act provides that farmers cannot be forced into bankruptcy, but they can make a voluntary assignment. [14] [15] The Companies' Creditors Arrangement Act provides that a court may order a stay of proceedings with respect to specified large debtors, whether or not they have already been initiated. [16]
However, the Government of Ontario chose to appeal Belobaba's ruling, and on September 19, the Court of Appeal for Ontario granted a stay of proceedings pending the resolution of the appeal. [13] [c 9] Since the stay ruling was successful, the Ontario government did not need to utilize the notwithstanding clause. [16]
Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, arising from the Ontario courts as Re Indalex Limited, is a decision of the Supreme Court of Canada that deals with the question of priorities of claims in proceedings under the Companies' Creditors Arrangement Act, and how they intersect with the fiduciary duties employers have as administrators of pension plans.
the court proceedings are in respect of a matter that the parties agreed to submit to arbitration; and; the party applying for a stay in favour of arbitration does so before taking any “step” in the court proceedings. A stay may be refused where an arbitration agreement is "void, inoperative or incapable of being performed":
Before starting a court case, [4] there are other options, [5] such as negotiation, mediation, and arbitration. There is a flow chart from the Justice Ontario which summarizes civil procedure, [6] where the steps of mediation is shown in page 12 in the chart.