skip to main content





Back to all publications
Dec 17, 2014

Court of Appeal for Ontario Upholds Reduction of Legal Fees in Insolvency Matter

*This article appeared December 2014 issue of Aird & Berlis LLP Financial Services Flash and is written by Brett Kenworthy.

On December 1, 2014, the Court of Appeal for Ontario (the “Court of Appeal”) released its decision, written for the Court of Appeal by Madam Justice Pepall, in Bank of Nova Scotia v. Diemer, 2014 ONCA 851 (“Diemer”). The Court of Appeal dismissed the court-appointed
receiver’s (the “Receiver”) appeal of the order of Justice Goodman, which, among other things, reduced the fees of counsel (“Counsel”) to the Receiver. In its decision, the Court of Appeal found that the motion judge (Justice Goodman) made findings of fact based on the record and is owed deference in this respect. The Court of Appeal also found that the motion judge considered the correct factors in coming to a decision on fees and that the appellant failed to establish any palpable and overriding error made by the motion judge.

To read the full Financial Services Flash, please click here.

Areas of Expertise

Related Publications

Publications Article
The Powerful Protections of the Ontario Repair and Storage Liens Act By Timothy Jones and Jesse Waslowski Feb 15, 2018 An equipment finance company finances the purchase of a truck and registers a purchase-money security interest pursuant to the Personal Property Security Act (Ontario) to protect its interest. The truck breaks down and is taken in for repairs. While the truck is in the shop, the debtor defaults u...
Publications Article
Cryptocurrency Assets Under Insolvency and Personal Property Security Law By Timothy Jones and Dillon Collett Feb 15, 2018 Encrypted digital currencies (“cryptocurrencies”), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny. Some expect cryptocurrency payments and other transactions tracked via distributed ledger technology (“DLT”, of which “blockchain” te...
Publications Article
Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items such ...