Select Experience
Recent reported decisions in which Craig has been involved in include:
- Comfort Capital Inc. v. Yeretsian, 2022 ONSC 6614, successful opposition to motion to determine validity/priority of mortgage assignment in receivership
- Flex Park Inc. v. Covello, 2022 ONCA 347 (Ont. C.A.), successful in having appeal from judgment in respect to mortgage debt dismissed.
- CWB Maxium Financial Inc. v 1970636 Ontario Ltd. et al., 2021, successful motion for judgment for funds obtained under false pretenses/fraudulent misrepresentation
- In the Matter of Li Ye (Commercial List), successful application to recognize foreign bankruptcy order (Hong Kong), November 13, 2020
- Canaccede Capital LP v . Susan Dyment, 2020 ONSC 325 (Ont. Div Ct.) [successful appeal from dismissal of action; dealt with interpretation of ss. 1(1)(d) and 4(1) of Collection and Debt Settlement Services Act (Ontario)]
- Enroute Imports Inc. (Re), 2016 ONCA 247 (appeal concerning approval of proposal under the Bankruptcy and Insolvency Act)
- Algonquins of Barriere Lake First Nation v Attorney General (Canada), 2015 ONSC 3505 (motion to stay action on the basis of lack of jurisdiction)
- Romspen v. Edgeworth, 2014 ONSC 4340 (motion brought by debtors to vary the order of the payment of proceeds under a receivership order)
- 1645524 Ontario Limited v. Investpro Realty and Appraisal Ltd., 2013 ONSC 790 (motion for security for costs)
- Austin Pharma Drugs Ltd v. Albion Kipling Medical Building Corp, 2012 ONSC 4044 (motion concerning termination/renewal of commercial lease)
- Nortel Networks Corporation (Re), 2012 ONSC 1213 (motion relating to termination of environmental indemnity in Nortel CCAA restructuring)
- Romspen Investment Corporation v. Edgeworth Properties et al., 2012 ONSC 4693 (motion by secured creditor seeking declaration that its mortgage was valid and ranked in priority over other creditors)
- Romspen Investment Corporation v. Woods Property Development Inc., 2011 ONSC 3648 (Receiver’s motion to vest out lease agreement)
- Romspen Investment Corporation v. Woods Property Development Inc., 2011 ONCA 638 (motion to determine whether vesting order automatically stayed pending appeal)
- Romspen Investment Corporation v. Woods et al., 2010 ONSC 30005 (motion for refusals relating to the issue of solicitor-client privilege)
- Innovative Marketing v. D’Souza, 2008 CanLII 39221 (ONSC) (Motion to vary Mareva Order to permit defendants to access frozen funds)
- 1518628 Ontario Inc. v. Tutor Time Learning Centres, LLC, 2006 CanLII 25276 (ON SC) (motion for summary judgment concerning whether section 11 of the Arthur Wishart Act (Franchise Disclosure) does not apply to a release given by a franchisee in the settlement of a dispute with franchisor)
- Comfort Capital Inc. v. Yeretsian, 2022 ONSC 6614, successful opposition to motion to determine validity of mortgage assignment in receivership
- CWB Maxium Financial Inc. v 1970636 Ontario Ltd. et al., 2021, successful motion for judgment for funds obtained under false pretenses/fraudulent misrepresentation
Select Representative Work
- Representing Safari Flower Company as part of counsel team for debtor in the CCAA Proceedings
- Representing Toronto Artscape Inc. in receivership proceedings (restructuring of not-for-profit entity)
- Representing the court-appointed Monitor in in CCAA Proceedings in the restructuring of the King Street Restaurant Group
- Representing the appointing creditor in receivership proceedings against Rando Drugs Ltd. and related companies (pharmacy business)
- Representing the appointing creditor in receivership proceedings against 1970636 Ontario Ltd. o/a Mt. Cross Pharmacy
- In the matter of the Proposal of Enroute Imports Inc.: counsel for debtor in respect to court approval of a proposal under the Bankruptcy and Insolvency Act (2016)
- Meridian Credit Union v. Senarra Waterways et al. (2015): insolvency counsel for purchaser acting to purchase from Court-appointed receiver or townhouse developer
- Toronto-Dominion Bank v Multichair Inc.: counsel for secured creditor appointing receiver over assets and property of steel tubing/steel framing manufacturer (2015)
- In the matter of the Proposal of Special Event Rentals: insolvency counsel for purchaser relating to purchase of assets in the context of a proposal approved under the Bankruptcy and Insolvency Act (2015)
- H&R Management Ltd. v. H. Reutsch Associates Ltd. et al.: successfully defended summary judgment motion on the issue of whether a general contractor is liable for negligence of a sub-contractor (2014)
- C. Yan et al v. Xi Chen et al.: acted for court appointed monitor in proceedings involving Mareva injunction
- In the matter of the Proposal of PGePropel Inc.: counsel for debtor in respect to proposal under the Bankruptcy and Insolvency Act
- Automotive Finance Canada v. Ontario Quality Car Motors: motion to appoint interim receiver in respect to car dealership
- Bankruptcy of Marathon Pulp Inc.: insolvency counsel as part of legal team for purchaser of Brownfield lands in the receivership of Marathon Pulp Inc. (trustee in bankruptcy had divested itself of the real property due to environmental contamination)
- Comstock Canada Ltd.: counsel for critical supplier in restructuring proceedings of national contractor under the Companies’ Creditors Arrangement Act (CCAA)
- Nortel Networks Corporation: counsel for owner of environmentally contaminated lands in Nortel Networks CCAA proceedings (Nortel sought to terminate environmental indemnity granted in favour of owner)
- Edgeworth Properties Receivership: Counsel for court-appointed receiver involving sale of 16 development properties
- CIT Financial Ltd. v Austin Pharma Drugs Ltd.: counsel for secured creditor in relief from forfeiture/lease renewal application and related receivership proceedings of independent pharmacy
- CIT Financial Ltd. v Wellness Drug Mart: counsel for secured creditor in receivership proceedings concerning independent pharmacy
- Bruce R. Smith Limited: counsel for secured creditor in CCAA restructuring of freight trucking company
- The Estate of Christopher Invidiata: counsel for trustee in bankruptcy in large personal bankruptcy estate
- Ontario v. Shehrazad Non Profit Housing Inc.: counsel for court-appointed receiver which resulted in sale of non-profit housing complex
- Moltec Trading Group: counsel for appointing secured creditor in receivership proceedings in respect to manufacturer and distributor of electrical components
- Polywheels Manufacturing Ltd.: counsel for former directors of company in CCAA proceedings
