b'TRENDING DECISIONSCASE SUMMARY OF SIGNIFICANT ISSUES STATUS OF APPEALThird Eye CapitalTwo issues: The Ontario Court of Appeal addressed the two issues in Corporation v. Ressources1.Whether gross overriding royalties attached totwo separate decisions:Dianor Inc. / Dianormining claims are interests in land?I n the decision released March 15, 2018, the Court of Resources Inc. (Ontario) 2. Whether, and under what circumstances, aAppeal reversed the lower courts decision and held thatjudge has the jurisdiction to extinguish a thirdGORs do constitute interests in land.partys interest in land using a vesting order? In the decision released June 19, 2019, the Court of Appeal confirmed the lower courts jurisdiction to grant vesting orders, generally. But ruled that certain interests should not be vested out. The Court of Appeal laid out a rigorous cascade analysis to determine whether a third partys interest should be extinguished.Solar Power NetworkDoes the Interest Act require an express state- The Ontario Court of Appeal reversed the decision of the Inc. v. ClearFlow Energyment of an annual rate of interest or, in thelower court on September 4, 2018.Finance Corp. (Ontario) alternative, an effective annual rate which takesLeave to appeal to the Supreme Court of Canada was filed into account compounding interest? on November 5, 2018.The Supreme Court dismissed the leave to appeal applica-tion on March 28, 2019.Urbancorp Toronto Whether the principal of a group of compa- Leave to appeal to the Ontario Court of Appeal granted on Management Inc. (Re)nies can use corporate entities to pay his debtsAugust 31, 2018.(Ontario) and the debts of other companies he controls,The appeal was heard by the Ontario Court of Appeal on or whether such payments are transactions atMarch 28, 2019. The appeal judgment is under reserve. undervalue and/or fraudulent conveyances.Canada v. Toronto- Is a secured creditor required to reimburse pay- Application for leave to appeal to the Federal Court of Dominion Bank ments made to it by a borrower who failed toAppeal filed June 22, 2018. Parties have filed their written (Federal/Quebec) remit GST source deductions, or do the deemedsubmissions. The CBA has been granted status as an inter-trust provisions require a triggering event; i.e.venor. The appeal will likely be heard by the Federal Court bankruptcy of the debtor, realization of securityof Appeal in the fall of 2019.or requirement to pay?Callidus Capital Corp. v.Does the insolvency of a tax debtor render theThe Supreme Court overturned the decision of the Federal Canada deemed trust under the Excise Tax Act ineffectiveCourt of Appeal and held that the bankruptcy of a debtor (Federal/Ontario) against a secured creditor who received, prior torendered the deemed trust under the Excise Tax Act inef-bankruptcy, assets of the tax debtor that werefective against a secured creditor who received, prior to the deemed to be held in trust for the Crown? bankruptcy, proceeds from the assets of the debtor that were deemed to be held in trust for the benefit of the Crown.United Food and Is a receiver a successor employer and requiredAn application for judicial review has been filed with the Commercial Workersto respond to a notice to bargain? Divisional Court.International Union,Local 175 v. Rose of Sharon (Ontario)Community(Ontario)Sam Caetano, as 1. Does the Ontario Labour Relations BoardThe Supreme Court of Canada dismissed the leave to appeal representative of, et al.have exclusive jurisdiction over claims forapplication on February 14, 2019.v. Quality Meat Packerswrongful dismissal and unpaid severance Holdings Limited when a collective agreement is silent on sever-(Ontario) ance pay and the employer is bankrupt.2. Can a representation order be made under Rule 10.01 in respect of underlying claims that are statute-barred by the limitation period.30 Rebuilding SuccessFall/Winter 2019'