Announcement

Davies Wins Motion on Exclusion of Liability Clause

Davies represented Urbancorp’s court-appointed monitor in the Superior Court of Justice on April 13, 2017, in the matter of five insolvent Urbancorp entities against certain homebuyers who filed for damages during the resulting Companies’ Creditors Arrangement Act proceedings. The issue on the motion was the enforceability of an exclusion of liability clause contained in the homebuyers’ purchase agreements. Mr. Justice Frank Newbould ruled in favour of the monitor in his decision released on April 18, 2017, Re Urbancorp, 2017 ONSC 2356.

The Davies team was led by Robin Schwill, with research support from John McCamus and Dina Milivojevic.

Related

Top Court Rules Bankrupt Corporations Can’t Evade Environmental Obligations

Feb. 05, 2019 - In a landmark decision released on January 31, 2019, the Supreme Court of Canada (SCC) ruled in Orphan Well Association v Grant Thornton Ltd. that the environmental remediation obligations of a bankrupt oil and gas company must be fulfilled in priority over all other claims, including secured...

Why the Cannabis Act Should Make Company Stakeholders Nervous

Nov. 28, 2018 - The following op-ed was originally published in The Globe and Mail. Last month, Canada became the first G7 country to legalize recreational cannabis nationwide, fulfilling the promise first announced by the Liberal government on the campaign trail in 2015. In the months leading up to...