Gehlen Dabbs Lawyers

Director liability and “due diligence” defence

Gregory Gehlen — Mon, 27 Feb 2012 22:25:25 +0000

A properly incorporated company is a separate “person” in the eyes of the law, and a corporation’s directors and officers are generally-speaking not liable for the corporation’s debts. As an exception to this general rule, a number of provincial and …

Trustee’s report permitted in lieu of affidavit

Gregory Gehlen — Wed, 22 Feb 2012 17:35:09 +0000

As a general rule, all evidence in court proceedings must be presented either by witness testimony or by sworn affidavit. In a recent Ontario court decision, an exception was made for a trustee’s unsworn report (Farber v. Goldfinger, …

RRSPs exempt

Gregory Gehlen — Fri, 17 Feb 2012 17:44:12 +0000

One of the few “creditor-proofing” steps that actually works involves that old-fashioned investment your parents and accountant have been recommending for decades: RRSPs. Under changes to the law which came into force in July, 2008, money invested in RRSPs is …

Gregory Gehlen contributes insolvency chapter to Annual Review

Gregory Gehlen — Thu, 16 Feb 2012 21:59:31 +0000

January, 2012 – For the eleventh year, Gregory Gehlen again contributed the Bankruptcy and Insolvency chapter for the Annual Review of Law and Practice published by the Continuing Legal Education Society of B.C. (the educational arm of the B.C. Law …

First Creditor’s Costs in Bankruptcy

Gehlen Dabbs — Thu, 05 May 2011 22:26:15 +0000

As a general rule, the claims of creditors rank equally in bankruptcy. The Bankruptcy and Insolvency Act makes some exceptions, permitting certain creditor claims to be paid ahead of the general body of creditors. S. 70(2) of the Act gives …

Wage Earner Protection Program

Gehlen Dabbs — Thu, 05 May 2011 19:11:07 +0000

The Wage Earner Protection Program Act, S.C. 2005, c. 47 creates a priority regime for wages owing to employees of insolvent businesses. Does “wages” in the Act include amounts paid to third parties under a collective agreement such as …

Geoffrey Dabbs chairs semi-annual general meeting of Co-operative Housing Federation of BC

Gehlen Dabbs — Thu, 05 May 2011 19:10:49 +0000

April 30, 2011 – Geoffrey Dabbs once again chaired the semi-annual general meeting of the Co-operative Housing Federation of BC. Geoffrey has chaired CHF’s annual and semi-annual meetings for the last four years, contributing strong governance and a steady supply …