What is the test for repudiating a dividend?

Ontario, Canada


The following excerpt is from McLean v. Garland, 1884 CanLII 15 (ON CA):

He then citess Whitmore v. Turquand, 3 Deg. F. & J. 107, which merely decides that where the intention was that all the creditors should come in and take a dividend and a period was named for creditors to come in the time so limited was not of the essence of the deed, but was introduced for the purpose of hastening the arrangement; and that a creditor therefore for whose benefit the deed was made, was not excluded from the mere circumstance that he had not come in within the limited time, unless he had done something to repudiate it.

The next case is Borell v. Dann, 2 Hare 440; but that does not establish that a debtor or his assignee, under a voluntary assignment, could add to the names of creditors to be benefited by the trust, but simply that a person under an Insolvent Act could not, by inserting only certain creditors in his schedule, prevent other creditors not named from proving on the estate, and participating in the dividends.

Other Questions


In what circumstances will a court order that a dividend be paid to the shareholders of a company that is not a publicly listed company? (Ontario, Canada)
Is a repudiation of a contract valid? (Ontario, Canada)
Can a dividend be paid within the bankruptcy proceedings? (Ontario, Canada)
In what circumstances will capital produced from B shares be used as a guarantee fund for the payment of dividends on the A shares? (Ontario, Canada)
Does a husband's claim that the wife repudiated their agreement by refusing to sell the matrimonial home in breach of the terms of the agreement? (Ontario, Canada)
What is the real reason why a husband repudiated a child support agreement? (Ontario, Canada)
In what circumstances will a contract be repudiated? (Ontario, Canada)
What is the test for repudiation of a contract? (Ontario, Canada)
What is the test for repudiation of an employment agreement? (Ontario, Canada)
What is the law in law to determine the father's income for 2018 based almost entirely on interest and dividend income only? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.