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John Polyzogopoulos

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John has been the editor of Blaneys Appeals since the inception of the blog in the Summer of 2014. He is a partner at the firm with over two decades of experience handling a wide variety of litigation matters. John assists clients with matters ranging from appeals, to injunctions, to corporate, partnership, breach of contract, construction, environmental contamination, product liability, debtor-creditor, insolvency and other business litigation. He also handles complex estates and matrimonial litigation involving disputes over property and businesses, as well as professional discipline and professional negligence matters for various types of professionals. In addition, John represents amateur sports organizations in contentious matters, and also advises them in matters of internal governance. John can be reached at 416-593-2953 or jpolyzogopoulos@blaney.com.

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Good afternoon.

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.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Continue Reading COURT OF APPEAL SUMMARIES (June 29 – July 3, 2020)