News and Events

Lexpert 2020 Edition

Chaitons LLP is pleased to announce that several of the firm’s lawyers have been named as leaders in their respective fields in the 2020 edition of the Canadian Legal Lexpert Directory, a well-recognized guide which identifies the top law firms and practitioners in Canada
Covid-19 Our Response

With COVID-19 now a global pandemic, we have taken steps to protect the health and safety of our lawyers, staff, business partners and their families, while minimizing business interruption.We have moved to remote working for our lawyers and staff, other than for limited functions for which our offi...
Ontario Court of Appeal upholds $2 Million USD judgment and clarifies Receiver's liability

The Ontario Court of Appeal released a decision earlier this year that has provided clarity on important issues including: (i) an application judge’s jurisdiction to appoint a receiver over a debtor who is not insolvent; (ii) conflict and liability issues relating to the appointment of receiver; and...
2019 LEXPERT CANADA'S LEADING LITIGATION LAWYERS

Congratulation to Harvey Chaiton & George Benchetrit, recognized in The 2019 LEXPERT CANADA'S LEADING LITIGATION LAWYERS
Success at the Supreme Court of Canada

On November 8, 2018, the Supreme Court of Canada unanimously granted the appeal of Callidus Capital Corporation in Callidus Capital Corporation v. Canada. The Supreme Court adopted the dissenting reasoning of Justice Pelletier from the Federal Court of Appeal and confirmed that the bankruptcy o...
OCA upholds contempt finding against lawyer

The Ontario Court of Appeal has upheld a contempt finding against a lawyer for failing to produce documents ordered by a judge.
Chaitons lawyer admitted as a member of the Insolvency Institute of Canada

Chaitons LLP is delighted to announce that George Benchetrit has been admitted as a member of the Insolvency Institute of Canada (IIC).The IIC is an organization comprised of some of the most senior and experienced practitioners in the insolvency field in Canada. The membership of the IIC is cross-d...
CIBC Mortgages Inc. v. York Condominium Corporation No. 385

The Ontario Court of Appeal has confirmed that the 90-day deadline for condominium corporations to register liens applies when a unit owner fails to pay costs in compliance orders. In CIBC Mortgages Inc. v. York Condominium Corporation No. 385, the Court of Appeal determined that a bank&rs...
Ben Frydenberg interviewed by Law Times in connection with successful appeal in the CIBC v. Computershare case

The subject of the interview is a successful appeal from a lower court decision which granted priority to Computershare over CIBC, where Computershare’s mortgage had been fraudulently discharged by the property owners more than two years before CIBC obtained what it thought to be a first ranki...
Impact of Bill 106

What the proposed legislation means for condo builders- According to Government statistics, there are around 10,000 registered condominium corporations containing approximately 700,000 condominium units within Ontario. In addition, over half of new homes currently under construction in the prov...
Secured Creditor Trumps CRA in HST Deemed Trust Case

Section 222(3) of the Excise Tax Act, R.S.C. 1985, c. E-15 (“ETA”) creates a statutory deemed trust on all property of the debtor ranking in priority to all security interests in such property for collected but unremitted HST. The deemed trust ceases to have any effect up...
New Issue in Mortgage Enforcement - Changes in the Venue Rules: There’s No Place Like Home

Effective March 31, 2015, the rules of civil procedure have been amended with the specific intention of addressing the question of where to commence a mortgage enforcement proceedings. Previously, The rules permitted a plaintiff to choose the jurisdiction in which the proceeding was to be comme...
New Issues in Mortgage Enforcement - CIBC Mortgages Inc. v. Computershare: Shattering the Mirror and Peeking Behind the Curtain

Thank goodness that diligent real estate counsel can sleep well at night knowing that they can rely on the land titles registry. Thank goodness that, once reviewed, a partial register affords counsel ultimate confidence as to the state of title. And thank goodness that you can remain...
Court of Appeal rules on Developer’s operation of clubhouse

The Ontario Court of Appeal recently dismissed an application by various condominium corporations against one of our clients in connection with a residential condominium project located in Collingwood. At issue, in this case, was the ownership and control of the clubhouse located within the project....
The Doctrine of Fraudulent Concealment

The doctrine of fraudulent concealment was recently considered by the Court of Appeal for Ontario in Rajmohan v. Solomon Family Trust. At common law, an action in negligence or for an intentional wrong is not permitted against or on behalf of a deceased person. The right to sue arises from sta...
Supreme Court of Canada Overturns Ontario Court of Appeal on Key Pension & Corporate Insolvency Issues

Chaitons LLP partners Harvey Chaiton and George Benchetrit successfully represented the U.S. Trustee before the Supreme Court of Canada (“SCC”) in Sun Indalex Finance, LLC v. United Steelworkers. In its decision released on February 1, 2013, the SCC upheld the super-priority r...

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