Who is Margaret R. Sims?

Margaret R. Sims is an Ontario lawyer with 3 court cases on record from 2014 to 2020.

What courts has Margaret R. Sims appeared in?

Margaret R. Sims has appeared in Court of Appeal, Superior Court of Justice, with most appearances at the Court of Appeal.

How many cases has Margaret R. Sims handled?

Margaret R. Sims has 3 cases on record from 2014 to 2020.

What judges has Margaret R. Sims appeared before?

Margaret R. Sims has most frequently appeared before Justice Ian V.B. Nordheimer, Justice Gary T. Trotter, Justice Russell G. Juriansz.

Margaret R. Sims

3 total

Zeifman Partners Inc. v. Aiello, 2020 ONCA 33

The appellant, David Aiello, appealed the dismissal of his motion to set aside a default judgment and noting in default.

The Court of Appeal found that the motion judge erred in principle and made palpable and overriding errors of fact in applying the factors for setting aside default judgment from Mountain View Farms Ltd. v. McQueen.

Specifically, the motion judge misapplied the first and second factors by considering the entire litigation history, ignored relevant facts regarding the appellant's default, and applied too high a standard for an arguable defence, failing to consider the quantum of damages as a viable defence.

The Court concluded that it would be unjust to prevent the appellant from having his day in court, given the significant prejudice of a multi-million dollar judgment and the overarching principle of determining proceedings on their merits.

ONCAJan 21, 2020

Respondent Counsel

Rosen Goldberg Inc. (Re), 2019 ONCA 1017

The receiver of assets in receivership proceedings moved to determine whether an appeal brought by Canada Investment Corporation (CIC) from an order of Penny J. was as of right or required leave under the Bankruptcy and Insolvency Act.

The order had directed that proceeds from the sale of the Caldwell property, otherwise payable to CIC, be paid to the Stanbarr Claimants based on findings in a prior action that CIC was indebted to them.

The motions judge held that the appeal was as of right under section 193(c) of the BIA because the order resulted in a loss to CIC by directing payment of funds otherwise due to it to third parties.

The receiver's motion was dismissed.

ONCANov 26, 2019

Respondent Counsel

MtGox Co., Ltd. (Re), 2014 ONSC 5811

A bankruptcy trustee appointed in Japan sought recognition of Japanese bankruptcy proceedings relating to a cryptocurrency exchange operator under Part XIII of the Bankruptcy and Insolvency Act.

The application requested recognition of the foreign proceeding as a foreign main proceeding and a stay of Canadian litigation.

The court held that the Japanese bankruptcy qualified as a foreign proceeding and that the debtor's centre of main interests was Japan, where its registered office, management, and operations were located.

Recognition as a foreign main proceeding triggered the automatic stay under s. 271(1) of the BIA, including a stay of an Ontario class action.

The application was granted.

Applicant Counsel