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ARTICLE · 02 SEPTEMBER 2020

Lifting The Stay

Miller Thomson
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On July 27, 2020, the Newfoundland and Labrador Supreme Court (the "Court") released its decision in Great North Data Ltd., (Re),[1] where Justice Handrigan ...

CanadaInsolvency/Bankruptcy/Re-Structuring
Tamie Dolny
Tamie Dolny
Asim Iqbal
Asim Iqbal
Kenneth R. Rosenstein
Kenneth R. Rosenstein
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On July 27, 2020, the Newfoundland and Labrador Supreme Court (the "Court") released its decision in Great North Data Ltd., (Re),1 where Justice Handrigan outlined principles for courts to consider when exercising their power under section 69.4 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the "BIA") to issue a declaration lifting the stay of proceedings in actions against debtors.

This decision provides helpful guidance on lifting the automatic stay of proceedings imposed under s. 69.3 of the BIA to allow prior actions to proceed against a debtor. Justice Handrigan opens the door to recognizing clusters of further factors to consider when lifting a stay of proceedings beyond those already enumerated in the existing jurisprudence.

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