Lianne J. Armstrong

Padelt v. 638506 Ontario Inc., (2008) CarswellOnt. 9384, 90 R.P.R. (4th) 177 (Ont. S.C.J.) – The Trial Judge found that the mortgagees’ sale of the mortgaged property was not improvident. Further, the Judge found there was no breach of the mortgagee’s duty with respect with management of the said property.

Padelt v. 638506 Ontario Inc., (2010) CarswellOnt. 347, 2010 ONCA 69, 90 R.P.R. (4th) 199 (Ont. C.A.) – The Appellant Court upheld the Trial Judge’s decision that the mortgagee was not negligent in managing the mortgaged property and did not allow the property to fall into disrepair, thereby decreasing its value, prior to the sale of the property under the mortgage. Leave to Appeal to the Supreme Court of Canada was dismissed (Padelt v. 638506 Ontario Inc., 2010 CarswellOnt. 3783 (S.C.C.)

2021977 Ontario Inc. v. Shadamy Holdings Co., (2006) CarswellOnt. 5548 (Ont. C.A.) – The Appellant Court upheld the lower Court’s decision that a mortgagee does not have an interest in proceeds from fire insurance after the mortgage debt has been full satisfied.

Little Estate v. Knol, (2006) CarswellOnt. 176, 21 E.T.R. (3d) 309 (Ont. S.C.J.) – The Trial Judge determined that the deceased did not have testamentary capacity at the time he changed the beneficiary for his life insurance policy. Further, the Judge found that there was a wrongful appropriation of certain assets belonging to the estate by the deceased’s attorney for property.

Hernandez, Re, (2009) CarswellOnt. 2072 (Ont. S.C.J.) – A Bankruptcy Judge on a motion modified a conditional order of discharge to substantially reduce the amount to be paid by the bankrupt prior to obtaining an absolute discharge from bankruptcy.

Berry v. Pulley, (2009) CarswellOnt. 485 (Ontario Master) – Co-Counsel on a motion in a class action in which the Master determined that the opposing party’s actions amounted to a waiver of privilege with respect to particular documents produced in the action.

Appleby, Re, (1999) CarswellOnt. 1555, 10 C.B.R. (4th) 194 (Ont. Gen. Div)) – Successfully opposed Bankrupts’ discharge from bankruptcy, resulting in a conditional discharge order requiring substantial payment prior to discharge.