Toronto-Dominion Bank v. Canada, 2020 FCA 80

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2020 FCA 80
Date29 April 2020
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18 practice notes
  • Canada v. Canada North Group Inc.,
    • Canada
    • Supreme Court (Canada)
    • July 28, 2021
    ...Scotia v. Thibault, 2004 SCC 29 , [2004] 1 S.C.R. 758 ; R. v. Verette, [1978] 2 S.C.R. 838 ; Toronto‑Dominion Bank v. Canada, 2020 FCA 80, [2020] 3 F.C.R. 201 ; Century Services Inc. v. Canada (Attorney General), 2010 SCC 60 , [2010] 3 S.C.R. 379 ; Merk v. International Associa......
  • Anthony Capital Corporation (Re),
    • Canada
    • Supreme Court of Newfoundland and Labrador (Canada)
    • June 24, 2021
    ...& P.E.I.R. 91, 492 A.P.R. 91 (Nfld. C.A.); Royal Bank v. Sparrow Electric Corp., [1997] 1 S.C.R. 411; Toronto-Dominion Bank v. Canada, 2020 FCA 80; General Chemical Canada Ltd., Re, 2007 ONCA 600, leave to appeal denied 252 O.A.C. 396, 385 N.R. 395 STATUTES CONSIDERED: Bankruptcy and In......
  • Key Developments In Canadian Insolvency Case Law
    • Canada
    • Mondaq Canada
    • May 11, 2022
    ...Supreme Court of Canada Canada v Canada North Group Inc. Priority of DIP charges Supreme Court of Canada Canada v. Toronto-Dominion Bank, 2020 FCA 80 Distributions to creditors of proceeds impressed with a deemed trust under the Excise Tax Act (Canada) Supreme Court of Canada CLAIMS IN BANK......
  • Equity's Darling: The Bona Fide Purchaser For Value In Real Estate Priority Conflicts
    • Canada
    • Mondaq Canada
    • June 8, 2020
    ...purchaser for value without notice of a pre-existing equitable interest", as briefly noted in April in Toronto-Dominion Bank v Canada, 2020 FCA 80. In that case, it was held that secured creditors could not utilize the BFP defence to avoid paying a borrower's $67,854 GST debt, as it would "......
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2 cases
  • Canada v. Canada North Group Inc.,
    • Canada
    • Supreme Court (Canada)
    • July 28, 2021
    ...Scotia v. Thibault, 2004 SCC 29 , [2004] 1 S.C.R. 758 ; R. v. Verette, [1978] 2 S.C.R. 838 ; Toronto‑Dominion Bank v. Canada, 2020 FCA 80, [2020] 3 F.C.R. 201 ; Century Services Inc. v. Canada (Attorney General), 2010 SCC 60 , [2010] 3 S.C.R. 379 ; Merk v. International Associa......
  • Anthony Capital Corporation (Re),
    • Canada
    • Supreme Court of Newfoundland and Labrador (Canada)
    • June 24, 2021
    ...& P.E.I.R. 91, 492 A.P.R. 91 (Nfld. C.A.); Royal Bank v. Sparrow Electric Corp., [1997] 1 S.C.R. 411; Toronto-Dominion Bank v. Canada, 2020 FCA 80; General Chemical Canada Ltd., Re, 2007 ONCA 600, leave to appeal denied 252 O.A.C. 396, 385 N.R. 395 STATUTES CONSIDERED: Bankruptcy and In......
16 firm's commentaries
  • Key Developments In Canadian Insolvency Case Law
    • Canada
    • Mondaq Canada
    • May 11, 2022
    ...Supreme Court of Canada Canada v Canada North Group Inc. Priority of DIP charges Supreme Court of Canada Canada v. Toronto-Dominion Bank, 2020 FCA 80 Distributions to creditors of proceeds impressed with a deemed trust under the Excise Tax Act (Canada) Supreme Court of Canada CLAIMS IN BANK......
  • Equity's Darling: The Bona Fide Purchaser For Value In Real Estate Priority Conflicts
    • Canada
    • Mondaq Canada
    • June 8, 2020
    ...purchaser for value without notice of a pre-existing equitable interest", as briefly noted in April in Toronto-Dominion Bank v Canada, 2020 FCA 80. In that case, it was held that secured creditors could not utilize the BFP defence to avoid paying a borrower's $67,854 GST debt, as it would "......
  • Get Your Priorities Straight
    • Canada
    • Mondaq Canada
    • May 27, 2022
    ...to regular due diligence. Footnotes 1 e.g., Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.); Excise Tax Act, R.S.C., 1985, c. E-15 2 2020 FCA 80 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specificgiv......
  • Caveat Creditor: When CRA Deemed Trusts Outrank A Mortgage
    • Canada
    • Mondaq Canada
    • June 9, 2020
    ...is here to help), but the Federal Court of Appeal has weighed in on the priority of certain tax claims in Toronto-Dominion Bank v. Canada, 2020 FCA 80 Background The facts initially before the Federal Court, and then on appeal before the Federal Court of Appeal, were not unusual. The Toront......
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