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These provisions provide: 69.4 A creditor who is affected by the operation of sections 69 to 69.31 or any other person affected by the operation of section 69.31 may apply to the court for a declaration that those sections no longer operate in respect of that creditor or person, and the court may make such a declaration, subject to any qualifications that the court considers proper, if it is satisfied (a) that the creditor or person is likely to be materially prejudiced by the continued operation of those sections; or (b) that it is equitable on other grounds to make such a declaration. Actions against the bankrupt for a debt to which a discharge would not be a defence. Actions in respect of a contingent or unliquidated debt, the proof of which and valuation has that degree of complexity which makes the summary procedure prescribed by section 95(2) of the Bankruptcy Act inappropriate. Actions in which the bankrupt is a necessary party for the complete adjudication of the matters at issue involving other parties. Actions brought to establish judgment against the bankrupt to enable the plaintiff to recover under a contract of insurance or indemnity or under compensatory legislation. Actions in Ontario which, at the date of bankruptcy, have progressed to a point where logic dictates that the action be permitted to continue to judgment. The money was paid and the mortgage was then discharged and the Marasses sold their home. Accordingly, BMO had established sound reasons, consistent with the scheme of the BIA to support an order declaring the bankruptcy stay inoperable.Registrar Thompson noted that although Ontario’s courts have considered the present wording of the authority to lift the stay, she was provided with no direct authority from Saskatchewan’s courts on this point. With regard to section 69.4 cases, Registrar Thompson referenced First Choice Capital Fund Ltd. The supporting material filed by BMO indicated that approximately 4,000 was borrowed on the line of credit after the interest secured on the home was discharged. Marasse and/or his wife continued to use the line of credit after the home was sold and that the line of credit was kept in good standing. Registrar Thompson issued a declaration that the stay of proceedings against Mr.Often used in cases whose outcomes seem difficult to predict (e.g., complicated cases that involve mixed fact/law issues, difficult evidentiary issues, or hard-to-prove damages), it works best when parties and counsel acknowledge these concerns, at least privately, before spending inordinate time and money on extensive discovery or motion practice, although it is not uncommon for some initial discovery to be undertaken to flush out “core” issues and documents.

Medical expenses have traditionally been recoverable as economic damages within Connecticut. To avoid damage estimates that are speculative in nature, in practice, attorneys have retained life-care planners to estimate future medical expenses, which are then present-valued by a financial or economic expert. From remuneration for future lost earning capacity to the loss of life’s enjoyment and pleasure, future economic damages are fully encompassed within Connecticut’s statutes and supporting case law. is a Senior Analyst in the Business Valuation and Litigation Support Group at Meyers, Harrison & Pia, LLC.The loss of life’s enjoyment and pleasure, together with lost earning capacity, medical expenses and lost household services, encompass economic damages. Lollar single-coil for humbucker Within the United States, the concept of restitution for the loss of life or decline in life’s enjoyment, absent lost income, is rarely permitted in wrongful death claims and is only partially recognized in non-fatal injury claims.The second question was whether BMO had established that sound reasons, consistent with the scheme of the BIA, existed to support an order declaring the bankruptcy stay inoperable. The claim for which leave is sought, if proved, will survive the bankruptcy; 2. A.), the Ontario Court of Appeal revised the test for a declaration rendering the bankruptcy stay inoperable and in the course of doing so, explained that the test requires the establishment of something less than a prima facie case. As stated in Re Francisco, the role of the court is to ensure that there are “sound reasons, consistent with the scheme of the Bankruptcy and Insolvency Act” to relieve against the automatic stay. 3, 4, and 5 of Mawji CA: Although there was no direct evidence on the motion of a misrepresentation or false pretences, the appeal judge held that the background circumstances leading up to the unsecured draws could lead a trier of fact to infer that, to the knowledge of the bankrupts, the Bank would not have been prepared to provide them with an unsecured line of credit.Specifically, was BMO a person likely to be materially prejudiced by the continued operation of the bankruptcy stay? The claim’s prosecution will not interfere with the administration of the bankruptcy estate; 3. endorsed the Re Advocate Mines categories of claims in the context of an analysis under section 69.4 of the current BIA. It involves an assessment of whether sound reasons, consistent with the scheme of the BIA, exist to lift the stay. In 20, the Ontario Superior Court of Justice and the Ontario Court of Appeal considered the case of the Toronto Dominion Bank v. This, in turn, could support an inference that the manner of using the line of credit amounted to a false representation or false pretence.” In this case, BMO alleged that Mr. (5th) 60, Registrar Thompson made findings that: 1.

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Loss of household services is a unique concept proffered by Connecticut courts which have suggested restitution in wrongful death claims for destruction of the ability to carry on life’s activities. Together with expert witness requirements, the measures invoked by state statutes and supporting case law combine to present assistance to fact finders in reaching their conclusions and full compensation to plaintiffs who have been wrongly injured. She has performed valuations of business interests for a variety of purposes including, but not limited to, family law matters, business damages, shareholder litigation, and estate and gift tax matters.She also performs valuations of enhanced earnings capacity relating to professional licenses and degrees for matrimonial matters in the State of New York. Damages resulting from lost earning capacity are explicitly recoverable under Connecticut statute. The court, in reviewing the legislative history of Connecticut’s applicable statutes and relevant tort reforms, determined that the statutes did not prohibit the expansion of damage categories beyond the two defined and thus, such an award was proper. 579 (1993) which gave wide discretion to courts to admit expert testimony.Case law further expands upon the accepted methodology of damage calculations, supporting the inclusion of employer- provided fringe benefits in computations of lost future earnings, while also maintaining that income taxes are properly deducted. Conn.1961), the loss of the decedent’s activities as a wife and homemaker and evidence of the decedent’s “family activities” including home and yard maintenance and time spent with the children were, respectively, admissible to show evidence of destruction of life’s activities. The use of experts in economic damage claims has progressed significantly, with testimony in hedonic damage claims considerably advanced since the 1993 landmark decision of Daubert v. The Daubert ruling, which requires an expert’s conclusions to be as a result of proper scientific methods, overruled the prior Frye test, a much more rigid requirement, which allowed expert testimony only if the expert’s opinions were generally accepted as conclusions in the scientific community.Connecticut has further recognized and accepted that future losses should be discounted to present value, while asserting that consideration of inflation is permissible by the trier of fact. Although competing viewpoints suggest such damages are not available where the decedent is unmarried or single without children, damages for loss of household services has been considered a viable economic damage claim in Connecticut for more than half a century. The use of several experts, such as testimony by a physician or psychiatrist opining as to the percentage of physical movement or mental state that has been reduced, combined with the testimony of a financial or economic expert as to present value of such percentage losses, continues to be of significant assistance to conclusions drawn by fact finders.

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