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To address the economic upheaval and uncertainty stemming from the COVID-19 pandemic, many organizations may be considering insolvency and restructuring options.

Section 54 of an Act respecting labor relations, vocational training and manpower management in the construction industry (Quebec) and section 316 of the an Act respecting industrial accidents and occupational diseases (Quebec) are infamous among general contractor and property owners in the Quebec construction industry. These sections hold the general contractor and occasionally the property owner solidairily liable with their sub-contractors for the salaries and CSST assets payable by the latt

Over the past few weeks, terms like "social distancing" and "self-isolation" have found their way into the common vernacular and will no doubt end up being the Merriam Webster words of the year.

Bill C-228, known as the "Pension Protection Act" (the PPA) received Royal Assent in April 2023 and is now law.

Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen's Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued on May 19, 2016.

The Canadian Energy Law Foundation (CELF) held its Annual Jasper Research Seminar in mid-June, the 56th year this world class event has been held in Alberta.

The decision of the Supreme Court of Canada on January 31, 2019 in Orphan Well Association v Grant Thornton Ltd. 2019 SCC 5 could make it much tougher for the oil and gas

In Bank of Nova Scotia v. Williamson, The Bank of Nova Scotia (the "Bank") advanced loans to Ancon Industries Inc. ("Ancon"). The loans were guaranteed (the "Guarantee") by an individual guarantor (the "Guarantor") who was an officer, director and shareholder of Ancon.

Derivatives market participants will want to pay close attention to Industry Canada’s recent discussion paper.

The Supreme Court of Canada's recent decision in Poonian v. British Columbia (Securities Commission), 2024 SCC 28, has prompted the B.C. Securities Commission (BCSC) to call for bankruptcy law reform.

In 2018, several insolvency cases were litigated that will be of interest to commercial lenders in restructuring and insolvency proceedings.

Domenico Magisano, Commercial Litigation Partner at Lerners LLP, discusses generally what happens when a company is insolvent and how restructuring tools can be used to help companies emerge from insolvency stronger.

A recent decision of the Court of King's Bench of Alberta provides useful guidance to distressed companies that are considering arrangement transactions under business corporations legislation.

Ms. Zuk provided a personal guarantee for the business her husband founded. Ms. Zuk was also an accountant, and was Silverado's sometime bookkeeper and shareholder prior to her divorce...

At the same time, the recent oil price shock has created significant challenges for businesses involved in the oil & gas industry, including both producers and service companies.

A recent decision of the Federal Court of Appeal, Canada v. Callidus, created a surprising exception to the rule that...

In a previous post, we discussed areas of exposure and avenues for recourse for directors of insolvent companies. In this post, we look at how directors' legally prescribed duties may shift during insolvency.