Trade Capital Finance Corp. v. Cook, 2018 ONCA 27
| Judge | Feldman, Pepall and Huscroft JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | January 16, 2018 |
| Jurisdiction | Ontario |
| Citations | 2018 ONCA 27 |
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7 practice notes
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Court Of Appeal Summaries (September 26, 2022 ' September 30, 2022)
...60.12(c), 61.06(1)(b), Bankruptcy and Insolvency General Rules, C.R.C., c. 368, s. 31(1), Trade Capital v. Cook, 2017 ONSC 1857, aff'd 2018 ONCA 27, KingSett Mortgage Corporation v. 30 Roe Investments Corp., 2022 ONCA 479, Business Development Bank of Canada v. Astoria Organic Matters Ltd.,......
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Ontario Court Of Appeal Summaries (January 15 January 19, 2018)
...for the respondent Keywords: Family Law, Equalization of Net Family Property, Consent Orders Trade Capital Finance Corp. v. Cook, 2018 ONCA 27 [Feldman, Pepall and Huscroft JJ.A.] Counsel: Peter Carey, for the appellant Brendan Wong, for the respondents Keywords: Civil Procedure, Mareva Inj......
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Buduchnist Credit Union Limited v. 2321197 Ontario Inc.,
...contrary to the principle established by the Court of Appeal in Trade Capital v. Cook [2017 ONSC 1857, 137 O.R. (3d) 685, aff’d 2018 ONCA 27, 56 C.B.R. (6th) 1]. Any judgment creditor is entitled to apply to the Court to enforce a judgment against any available assets. This is indeed......
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Race To Judgment: Mareva Injunctions Do Not Give A Proprietary Interest In Affected Assets
...Trade Capital Finance Corp. v. Cook, 2018 ONCA 27, the Ontario Court of Appeal confirmed that a Mareva injunction that had been granted and covered funds in an account does prevent seizure of those same funds by another The appellant, Trade Capital Finance Corp. ("Trade Capital"), obtained ......
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3 cases
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Buduchnist Credit Union Limited v. 2321197 Ontario Inc.,
...contrary to the principle established by the Court of Appeal in Trade Capital v. Cook [2017 ONSC 1857, 137 O.R. (3d) 685, aff’d 2018 ONCA 27, 56 C.B.R. (6th) 1]. Any judgment creditor is entitled to apply to the Court to enforce a judgment against any available assets. This is indeed......
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Fedotov v. Prokhorov, 2019 ONSC 54
...involving distinguishable circumstances - for example, Trade Capital Finance Corp. v. Cook, 2017 ONSC 1857, 137 O.R. (3d) 685, affirmed, 2018 ONCA 27, 56 C.B.R. (6th) 1, in which the analysis involved the application of a Mareva injunction. [35] In ......
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Buduchnist Credit Union Limited v. 2321197 Ontario Inc. et al.,
...Trust’s execution seizure: Trade Capital Finance Corp. v. Cook et al., 2017 ONSC 1857 , 137 O.R. (3d) 685 , at para. 42, affirmed 2018 ONCA 27, at paras. 86. On the basis of these decisions, I do not have jurisdiction to order the Receiver to hold proceeds of sale “as ......
4 firm's commentaries
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Court Of Appeal Summaries (September 26, 2022 ' September 30, 2022)
...60.12(c), 61.06(1)(b), Bankruptcy and Insolvency General Rules, C.R.C., c. 368, s. 31(1), Trade Capital v. Cook, 2017 ONSC 1857, aff'd 2018 ONCA 27, KingSett Mortgage Corporation v. 30 Roe Investments Corp., 2022 ONCA 479, Business Development Bank of Canada v. Astoria Organic Matters Ltd.,......
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Ontario Court Of Appeal Summaries (January 15 January 19, 2018)
...for the respondent Keywords: Family Law, Equalization of Net Family Property, Consent Orders Trade Capital Finance Corp. v. Cook, 2018 ONCA 27 [Feldman, Pepall and Huscroft JJ.A.] Counsel: Peter Carey, for the appellant Brendan Wong, for the respondents Keywords: Civil Procedure, Mareva Inj......
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Race To Judgment: Mareva Injunctions Do Not Give A Proprietary Interest In Affected Assets
...Trade Capital Finance Corp. v. Cook, 2018 ONCA 27, the Ontario Court of Appeal confirmed that a Mareva injunction that had been granted and covered funds in an account does prevent seizure of those same funds by another The appellant, Trade Capital Finance Corp. ("Trade Capital"), obtained ......
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Frozen But Available: The Limits Of A Mareva Injunction
...whether equitable and discretionary remedies like the Mareva injunction should be granted. Footnotes 1 Trade Capital Finance Corp. v Cook, 2018 ONCA 27. 2 2017 ONSC 1857 at para. 3 Ibid. at para. 39, quoting from Aetna Financial Services v. Feigelman, [1985] 1 S.C.R. 2. The content of this ......