Court Of Appeal Summaries (August 3 – 6, 2015)

There were only two judgments released by the Court of Appeal this week. One was a family law case concerning the obligation of the primary custodial parent to secure the compliance of a child to an access order in favour of the other parent. The other is an insolvency law decision relating to circumstances in which a CCAA judge can terminate a CCAA liquidation proceeding and assign the insolvent companies into bankruptcy, thereby impacting the priority contest between secured creditors and a pension plan.

A note about one of the features of this blog and the weekly email in particular, that may have caused our blog followers some frustration in the last few weeks. Some of you will have noticed that the feature of clicking on the case name in the table of contents below to take you down to the summary of that decision only works by clicking on the link in the email on your desktop or laptop. This feature does not work when pressing the link in the email from a smartphone. To use this feature from a smartphone, you can click on the link to the weekly post on our website, and then press the name of the case in the table of contents when reading from the blog site rather than from the email. We are trying to find a way to correct this technical glitch, but in the meantime, we wanted our followers to be aware of it.

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Table of Contents

Civil Cases

Godard v Godard, 2015 ONCA 568

Keywords: Family Law, Access Orders, Parental Obligation to Secure Compliance from Child, Contempt, Findings of Fact, The Rule in Browne v. Dunn

Grant Forest Products Inc v The Toronto-Dominion Bank, 2015 ONCA 570

Keywords: Bankruptcy & Insolvency, Pensions, Companies' Creditors Arrangement Act, Pension Benefits Act, ss 57(3) and (4), Personal Property Security Act, s. 30(7), Deemed Trust, Wind-Up of Pension, Sun Indalex Finance LLC v United Steelworkers, Century Services v Canada, Doctrine of Paramountcy, Standard of Review, Reasonableness

Godard v. Godard, 2015 ONCA 568

http://www.ontariocourts.ca/decisions/2015/2015ONCA0568.pdf

[Hoy A.C.J.O, Epstein and Huscroft JJ.A.]

Counsel:

G.A. Wainwright, for the appellant.

P. Mongenais, for the respondent.

Keywords: Family Law, Access Orders, Parental Obligation to Secure Compliance from Child, Contempt, Findings of Fact, The Rule in Browne v. Dunn

Facts:

The appellant wife and respondent husband are separated. They have two children, I. and S. A number of temporary custody and access orders have been made since the separation.

The respondent brought a contempt motion on June 18, 2014, alleging that he had been deprived of weekend access since January 2014. Justice Cornell dismissed the contempt motion but made an order for summer access on the basis of agreed dates. The respondent did...