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Congratulations to Harvey Chaiton of Chaitons LLP and Alan Rachlin of Rachlin & Wolfson who argued the motion successfully for Traders General Insurance

In a recently released decision of importance to the insolvency and insurance bars, a panel of the Ontario Court of Appeal has allowed a motion by Traders General Insurance Company from the decision of a single judge of the OCA denying Traders’ motion for leave to appeal pursuant to Section 193(e) of the BIA. The single judge of the OCA had refused leave to appeal to set aside a Section 38 Order authorizing the commencement of an action against Traders in damages for bad faith in failing to settle a claim against discharged bankrupts within policy limits. In granting the motion, the OCA found this case to be one of those exceptional cases where a panel of the court may review and set aside a decision of a single judge of the OCA refusing leave to appeal.