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On October 7, 2015, the British Columbia Court of Appeal reversed the Supreme Court of British Columbia's decision in Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership.

In British Columbia, commercial landlords do not have a general right to re-enter the leased premises on the tenant's default. This right must be spelled out in the commercial lease.

Elevated interest rates are affecting businesses in every sector of the economy, but perhaps none more so than real estate.

The credit crisis that began in August of 2007 and intensified with Lehman Brothers' September 2008 bankruptcy continues largely unabated in U.S. loan markets in early 2009.

Douglas Channel LNG Partnership has been granted creditor protection under Canada's Companies Creditors Arrangement Act (the "CCAA") by the Supreme Court of British Columbia. Douglas Channel had embarked on developing an LNG facility in the Kitimat area of British Columbia which was intended to serve the fast-growing Asian market for liquefied natural gas.

The Federal Court recently confirmed its lack of jurisdiction over bankruptcy trustee decisions regarding claim approvals or disallowals, clarifying that provincial superior courts hold exclusive authority over bankruptcy matters with only one narrow exception. An applicant's failure to file in the correct court resulted in cost awards due to wasted judicial resources.

The Supreme Court of Canada’s decision in Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, has a number of implications for employers, pension plan administrators, as well as both secured and unsecured creditors.

Prior to the repeal of the BSA, Ontario was the only remaining Canadian jurisdiction with bulk sales legislation.

With disruptions to supply chains and significant impacts to regional workforces, some corporates may be left with little other choice but to restructure their business.

Earlier this morning, the government announced two additional measures to support employers through the COVID-19 pandemic. The government's press release can be found here. First, the government introduced...

On May 19, the Ontario government announced that it intends to implement various changes to the funding rules for defined benefit pension plans and buy-out annuities. The government expects to introduce...

On January 31, 2019, the Supreme Court of Canada (SCC) released its decision in Orphan Well Association, et. al. v. Grant Thornton Limited, et. al. – a case commonly known as Redwater.

On May 11, 2020, the Federal Government announced a support program for Canada's largest companies: the Large Employer Emergency Financing Facility (LEEFF).

It has long been the law that termination of contracts is permissible under the Companies' Creditors Arrangement Act (CCAA) and Bankruptcy and Insolvency Act (BIA) with the effect of the...

Jeremy West, Partner in our Litigation & Dispute Resolution Group, co-presented with David Boale of Boal, Wood & Company Ltd. to the Canadian Bar Association, Family Law Subsection on...

Over the past year, there have been a number of insolvency proceedings in Canada where lenders have used their loans or notes to bid for assets which are being sold by an insolvent debtor.

This article is the third in a series providing an overview of critical considerations for commercial lenders contemplating whether to finance a tech company and how such loans can be secured.

On September 30, 2008 the Office of the Chief Accountant of the U.S. Securities and Exchange Commission and the Financial Accounting Standards Board jointly released an interpretive memorandum regarding "mark-to-market" accounting.