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Section 38 of the Bankruptcy and Insolvency Act (BIA) gives creditors a powerful remedy when a trustee refuses to pursue claims that could benefit a bankrupt estate.

On November 8, 2018, the Supreme Court of Canada removed some of the problems that secured lenders have had to face recently regarding possible liability for HST obligations of their borrowers.

L'appel est formé par le syndic et le gestionnaire qui se pourvoient contre un jugement de la Cour supérieure leur enjoignant de payer des dommages intérêts à une créancière garantie (Finexcorp).

Members of Gowlings’ National Insolvency team provide their insights into many recent notable restructuring cases.

On March 26, 2020, the Supreme Court of Canada (the SCC) granted the leave application (the Leave Application) of the Crown on behalf of Canada Revenue Agency (CRA) in Her Majesty the Queen v Canada North Group Inc, et al...

On July 31, 2024, the Supreme Court of Canada held that disgorgement orders made by the BC Securities Commission will continue to be enforceable after discharge from a bankruptcy...

Section 11.4 of the CCAA requires that persons identified as critical suppliers to a debtor company continue to provide goods and services on terms and conditions with the existing supply relationship.

On December 6, 2023, the Supreme Court of Canada heard the appeal of Poonian v British Columbia Securities Commission, 2022 BCCA 274.

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

On August 29, 2019, the Alberta Court of Appeal released its decision in Canada v. Canada North Group Inc.

In Urbancorp Toronto Management Inc. (Re) ("Urbancorp"), the Ontario Court of Appeal confirmed that in determining whether to reverse an improvident transfer under s.

The Alberta Court of Appeal recently upheld an unreported decision of the Court of Queen's Bench that unpaid taxes on linear property formed only unsecured claims against the debtors.

Justice Morawetz of the Ontario Superior Court announced last week that the next step in the long-running Nortel insolvency proceedings would be a cross-border joint trial to carve up the rump of Nortel’s liquidated assets.

When a judgment debtor relocates from Alberta to Ontario with assets in the new province, creditors face specific procedural requirements to enforce their judgment. Ontario's Reciprocal Enforcement of Judgments Act provides a framework for registration, but creditors must navigate service requirements, statutory exceptions, and strict time limitations to successfully enforce their out-of-province judgments.

In Pet Valu Canada Inc. v. Rodger, 2018 ONSC 3353, the Ontario Superior Court of Justice ordered the sole shareholder of the representative plaintiff in the Pet Valu class action to pay the franchisor's costs of the class action.

L'appel est formé par le syndic et le gestionnaire qui se pourvoient contre un jugement de la Cour supérieure leur enjoignant de payer des dommages intérêts à une créancière garantie (Finexcorp).

In a tightening credit environment marked by rising defaults and receivership proceedings, real estate lenders in Ontario face heightened counterparty risk.

Punj Lloyd Ltd, the ultimate parent of Simon Carves Ltd, provided 'letters of support' indicating to the board of SCL that PLL would 'provide the necessary financial and business support to ensure that continues as a going concern'.