Every week, experts Hon. Lloyd Houlden and Geoffrey Morawetz provide readers with valuable insights into bankruptcy and insolvency law by discussing some of the leading cases in their field.

The newsletter is best used to supplement their authoritative Bankruptcy and Insolvency Law of Canada, available online in InsolvencySource and in print (a 4-volume looseleaf service).

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In HOJ National Leasing Corp., Re, 2008 CarswellOnt 2749, 2008 ONCA 390 (Ont. C.A.), the Ontario Court of Appeal reviewed the law on the issue of a motion to vary an order. It ruled that such a motion should be brought promptly and there there should be a significant change in circumstances. Further, the motion to vary should not be used to appeal a decision where the time to appeal has lapsed.

See Houlden & Morawetz, Bankruptcy and Insolvency Law of Canada:

I§11.1 — Power of Court to Review, Rescind or Vary an Order

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