In what circumstances will a defendant be restrained from proving upon the estate for his debt?
Ontario, Canada
The following excerpt is from Langley v. Van Allen and Co., 1901 CanLII 33 (ON CA):
In the statement of claim it is asked that the defendant may be restrained from proving upon the estate for his debt. We have nothing to do with that in this action. That is a matter for the assignee in the first instance, and before he resists he would do well to consider the case of Weese v. Banfield (1895), 22 A.R. 489.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Estate of Yehuda's Estate have to prove that there is a likelihood that the Estate will be able to claim severance? (Ontario, Canada)
Is there any case law that an unequal division of assets is appropriate in circumstances where a husband incurred debts for the benefit of the family and the wife has not contributed towards discharging the debts? (Ontario, Canada)
In what circumstances will Euro-Ex have to prove that it has a reasonable system in place to ensure the safe design, construction and inspection of such ramps? (Ontario, Canada)
What is the burden of proving a cause of action against a defendant prior to the statutory limitation period? (Ontario, Canada)
In what circumstances will a defendant be held liable for leaving a city truck running and unattended outside a coffee shop? (Ontario, Canada)
What is the burden of proving a material change in circumstances? (Ontario, Canada)
Is there any basis to interfere with a testator's choice of the respondents as estate trustees of his estate? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
What is the test for proving dishonesty of fraud in a real estate transaction? (Ontario, Canada)
In what circumstances will the Crown not have to prove that the road was slippery, or that visibility was poor or slippery? (Ontario, Canada)
