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Key Employee Retention Plans are a common feature in restructurings occurring under the Companies' Creditors Arrangement Act.

Monique Sassi and Jeremy Bornstein Author Article on Upcoming Amendments to the BIA and CCAA for CAIRP.

The motion judge found the debtor to be in contempt of court.

In a recent decision in the CCAA proceedings involving the Cannapiece Group, Mr. Justice Osborne of the Ontario Superior Court of Justice rejected an application for a reverse vesting order brought by the debtor companies and supported by the monitor.

This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective...

What does a "rolling recession" mean from an insolvency perspective? In this issue of Davies Insolvency Now, we look to the 2022 Q4 data from across Canada for answers.

On January 23, 2020, the Supreme Court of Canada unanimously allowed the appeal from the Québec Court of Appeal's ...

Sears Canada pensioners are still fighting for a payout, and some are shocked to see what they're receiving from their pension due to the company's insolvency process.

In Re: Carrey Canada Inc. (2006) CarswellOnt. 7748, the Ontario Superior Court considered an application for the lifting of the stay to allow certain creditors of the debtor to pursue a claim which may have been insured under the debtor’s liability policy.

In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a repayment from its borrower prior to bankruptcy when the borrower...

The Supreme Court of Canada denied leave to appeal to Nortel from the decision rendered by the Ontario Court of Appeal last October.

In July 2023, we published a newsletter detailing proposed legislative changes affecting suppliers of agricultural products and lenders working with borrowers in the agricultural supply chain.

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.