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Archive For Entries On Creditors and debtors

Will The Supreme Court Intervene in Metcalfe & Mansfield?

After the Supreme Court of Canada’s decision in BCE Inc., et al. v. A Group of 1976 Debentureholders in June, newspaper business pages across the nation were once more reminded that the Supreme Court exists and is relevant to the financial news which they cover. Now, once more, the media is abuzz over a big-money [...]

Fishing Licences as Security for Loans – An Incremental Step Forward by the Nova Scotia Supreme Court

Editor’s note: Today, the SCC hears its appeal in Royal Bank of Canada v. Saulnier (31622). Reproduced below, with permission, is an article that first appeared in the April 2006 edition of Mariner Life which discusses the trial level decision of the Nova Scotia Supreme Court when it was released. While the case has been [...]

The Death Knell to Loan Sharks by the Supreme Court of Japan: Excessive interest payments held to be returned to borrowers with statutory interest

On July 13, 2007, the Supreme Court of Japan held in two cases that consumer-loan companies return not only excessive payments of unlawful interest to borrowers but also to pay the statutory interest that accrued from the excessive payments, because the consumer-loan companies were found to be bad faith beneficiaries of unjust enrichment. Japanese courts [...]