Ontario civil | Bankruptcy and Insolvency | Priorities of claims | Claims by landlord
Landlord filed Proof of Claim with Trustee claiming: preferred claim for three months’ accelerated rent in amount of $100,558.59 under s. 136(1)(f) of Bankruptcy and Insolvency Act. Landlord appealed Notice of Disallowance. Appeal dismissed. Registrar in caselaw concluded that law in Ontario was as Trustee advocated on appeal: that after disclaimer there was no right in Ontario for landlord to claim damages on unexpired portion of lease.
In the Matter of the Bankruptcy of Curriculum Services Canada (2019), 2019 CarswellOnt 2545, 2019 ONSC 1114, V.R. Chiappetta J. (Ont. S.C.J.).
