Results | Jul 31, 2019

LOLG successfully responds to appeal seeking to set aside dismissal of action as time barred

Back to all news In a recent decision, Niklas Holmberg successfully responded to an appeal seeking to overturn the summary dismissal of an action against a former director of a bankrupt corporation as barred by the Limitations Act, 2002. In its decision, the Court of Appeal for Ontario clarified that the “appropriateness” requirement under section 5(1)(a)(iv) of the Act does not serve to extend the limitation period for an action brought by creditors stepping into the shoes of a bankrupt corporation. You can read the full decision here: C65776 - Ridel v. Goldberg