Following are our summaries of last week’s civil decisions of the Court of Appeal for Ontario. Not surprisingly, it was a light week.
The most notable decision is Hutchingame Growth Capital Corporation v. Independent Electricity System Operator. The Court in that decision discusses the “anti-deprivation” rule of bankruptcy law that prevents the enforcement of contractual provisions that have the effect of removing assets from a bankrupt estate that would amount to a “fraud on the bankruptcy law”. The Court determined that in this case, a clause in a contract that provided for the termination of the contract upon bankruptcy of one of the contracting parties did not run afoul of the anti-deprivation rule.
Other topics covered included anti-SLAPP, breach of contract/fraud and security for costs.