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In Re Farmpure Seeds Inc. (2008 CarswellSask. 639) the Saskatchewan Court of Queen's Bench considered the proposal of a debtor which was conditional upon the Court approving DIP financing and a super priority charge.

The Bulk Sales Act (Ontario) (the "BSA") was enacted in Ontario in 1917 with the purpose of combatting then prevalent commercial fraud.

The Supreme Court of Canada delivered its reasons today in 9354-9186 Québec inc. v Callidus Capital Corp., 2020 SCC 10, after having unanimously allowed the appeals from the bench on January 9, 2020.

Consisting of 97 apartments and 60 abandoned townhouses, the corporation owes the Canadian Mortgage and Housing Corporation (CMHC) over $4.2 million, including mortgage arrears of $300,000.

In a groundbreaking ruling, the Court of Appeal for British Columbia recently delivered a decision that is poised to significantly influence insolvency proceedings.

In the 2012 decision of SWP Industries Inc., Re, Justice McLellan of the Court of Queen’s Bench of New Brunswick (the "Court") declined to lift the stay of proceedings one week in advance of its expiry, despite the assertion of material prejudice advanced by Bank of Nova Scotia ("BNS").

The Companies’ Creditors Arrangement Act ("CCAA"), allows companies with at least $5 million of debt to restructure their financial affairs so that they may become productive again.

On October 28, 2013, the Ontario Environmental Review Tribunal accepted Minutes of Settlement in the Baker v. MOE case, resolving the clean-up order issued against former directors and officers of Northstar Aerospace (Canada) Inc. (the "Directors and Officers").

Lenders beware, Canada is one step closer to establishing a framework that will provide significant enhanced protections for suppliers of perishable food items. Bill C-280, or the Financial...

When a client goes bankrupt, an unpaid supplier is often left with few remedies.

Creditors should be aware of important changes to the law regarding forfeiture of corporate property which have significant implications for the recovery of forfeited assets of dissolved corporations.

On January 31, 2019, the Supreme Court of Canada decided, in Orphan Well Association v. Grant Thornton Ltd., that a provincial regulator, in this case the Alberta Energy Regulator (the "AER"),

In 2022, we expect to see an uptick in restructurings and insolvencies as fiscal protections expire and businesses face continued cash shortfalls, mounting debt obligations, altered consumer behaviours and rising interest rates.

On April 1st, 2021, the Supreme Court of Canada dismissed the application for leave to appeal the decision of the Court of Appeal of Québec in Séquestre de Media5 Corporation, 2020 QCCA 943.

A major package of reforms to Canada’s Bankruptcy and Insolvency Act ("BIA") and Companies’ Creditors Arrangement Act ("CCAA") came into force on September 18, 2009.

The High Court has recently considered whether a lender owed a duty of care in contract or tort to advise a borrower of a potentially onerous clause in a loan agreement - and found that it did not.

On March 17, 2020, Ontario declared a state of emergency and ordered the closing of restaurants, movie theaters and concert venues, among other restrictions.

​Royal Bank v Delta Logistics is a recent decision of the Ontario Superior Court of Justice. The first defendant, Delta Logistics Transportation Inc. ("Delta"), made an assignment in bankruptcy.