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UID:MEC-471c75ee6643a10934502bdafee198fb@privatelenderassociation.ca
DTSTART;TZID=America/Vancouver:20240618T100000
DTEND;TZID=America/Vancouver:20240618T110000
DTSTAMP:20240524T074719Z
CREATED:20240524
LAST-MODIFIED:20240625
PRIORITY:5
SEQUENCE:17
TRANSP:OPAQUE
SUMMARY:Promissory Note: Can the Debtor Evade Payment by Claiming Equitable Set-Off? (ONCA: No!)
DESCRIPTION:Join us for an insightful webinar as we explore the legal intricacies of promissory notes and the doctrine of equitable set-off, drawing from the recent Ontario Court of Appeal decision in Grewal v. 102095 P.E.I. Inc., 2022 ONCA 636 (CanLII). This case provides crucial lessons for business owners, legal professionals, and financial advisors involved in corporate transactions and debt enforcement.\nDate: June 18, 2024\nTime: 10am PT / 1pm ET\n Click here to access\n \nKey Topics:\n\nCase Overview: Understand the background and key details of the Grewal v. 102095 P.E.I. Inc. case, including the business arrangement, execution of the promissory note, and subsequent default on payment.\nLegal Framework: Dive into the legal principles governing promissory notes, the Bills of Exchange Act, and the doctrine of equitable set-off.\nCourt’s Analysis: Learn about the court’s reasoning in rejecting Khaira’s defenses, including claims of hold-back and set-off, and the implications of the adverse events clause in the share purchase agreement.\nPractical Implications: Gain insights into the practical implications for structuring business transactions, drafting promissory notes, and understanding the limits of equitable set-off in debt enforcement.\n\nSpeakers: \nEdward Conway and Daniel Ebady are seasoned legal experts with extensive experience in corporate law and litigation, are the speakers. With a deep understanding of business transactions and debt recovery, Edward and Daniel will provide valuable guidance on navigating similar legal challenges.\nTakeaways:\n\nA comprehensive understanding of the legal principles and court decisions related to promissory notes and equitable set-off.\nPractical strategies for protecting your interests in business transactions.\nKey considerations for drafting and enforcing promissory notes.\n\nThe Speakers:\nEdward Conway, Barrister and Solicitor\nEducation\n\nLLB. L’universite Laval (law)\nLLB. Dalhousie University (law)\nM.A. Carleton Univesity (econ)\nB.A. Memorial University (econ)\n\nMajor presentations\n\n(2011) Cost-benefit analysis of Muskrat Falls financing structure:Public Ultilities Board of Newfoundland and Labrador;\n(2014) Cost-benefit analysis of the LRT financing structure; Ottawa municipal election 2014\n\nExperience\n\ncalled to the bar of Ontario\ncall to the bar of Newfoundland and Labrador\ncounsel to the Speaker of the Senate of Canada\ncounsel to committees of the Senate of Canada\n\nAreas of practice:\n\ncivil litigation\nfamily law\ncredit litigation\nemployment law (employer and employee)\nacted for creditors and debtors on commercial-finance issues (power of sale for mortgagees; re-organization of corporate debtors)\ncounsel to a number of corporations in Ottawa\nincorporation and advise on corporate issues (shareholder issues, oppression)\nconfidentiality agreements, non-compete agreements and sealing orders\n\nDaniel Ebady, Ebady Law\nDaniel appears regularly before the Superior Court of Justice on the Civil and Commercial List, appellate courts such as the Divisional Court and the Court of Appeal and various tribunals.  He has also assisted on cases that were before the Supreme Court of Canada. He is trial counsel and is regularly sought by outside firms to assist or take carriage of complex files.\nDaniel’s commercial litigation practice consist of shareholders disputes and oppression remedies, injunctions, creditor recoveries, complex contractual disputes, directors and officer’s fiduciary obligations and liability, fraud recovery, professional negligence and defamation.\nDaniel’s diverse practice has resulted in him acting on various matters which have included mandates for mortgage lenders, insurers, bailiffs, leasing companies, professionals, directors and officers, contractors (and other players in construction pyramid), large franchisors and franchisees, commercial landlords and tenants, transportation companies, crown corporations, colleges, municipalities, religious associations and not-for profits.\nExperience:\n\nUniversity of Ottawa, Juris Doctor​\nCalled to the Bar of Ontario​ – 2021\nPublic Service Procurement Program – National Educational Consulting Inc.\n\nNotable Representative Work:\n\n​​Successfully obtained Mareva Injunction and Ancillary Norwich Reliefs against Fraudster.\nWhile acting for a mortgagee successfully resisted Urgent Motion brought by borrower on a mortgage enforcement action.\nCame on as second counsel on multiple year long shareholder dispute. Obtained favourable settlement for client.\nActing for a borrower regained Possession of property from mortgagee.\nSuccessful on a heavily contested Summary Judgment Motion on a Mortgage Enforcement matter.\nand more…\n\nAreas of Practice:\n\nCommercial Disputes\nCorporate and Commercial Transactions\nConstruction\nInsolvency/Bankruptcy\nReal Estate\n\n
URL:https://www.privatelenderassociation.ca/events/promissory-note-can-the-debtor-evade-payment-by-claiming-equitable-set-off/
ORGANIZER;CN=CAPL:MAILTO:
CATEGORIES:Enforcement
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