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On November 25, 2005, the Canadian Parliament enacted new legislation that will materially reform Canada's principal business insolvency statutes. As a result of the stated disappointment of the Senate committee charged with reviewing the reform package, the legislation will not be proclaimed into force before June 30, 2006.

The Ontario Court of Appeal held that the Registrar of Motor Vehicles cannot deny vehicle permits to individuals on account of pre-bankruptcy debts.

When the claims against an insolvent company include environmental remediation orders, a clear question of public priorities arises.

In certain circumstances, however, there may be a way to recover an unsecured debt despite the court-ordered stay of legal proceedings.

On November 25th, 2005, Bill C-55, which proposes sweeping changes to Canada’s principal insolvency statutes, received Royal Assent – the final step in the Canadian legislative process before a bill is proclaimed in force. Prior to dissolving Parliament and calling a Federal election for January 23, 2006, the Liberal Government gave assurances to the Senate Committee on Banking, Trade and Commerce, which is charged with oversight and review of Bill C-55, that it would not proclaim the Bill in fo

In the matter of the Companies' Creditors Arrangement Act (the "CCAA") of North American retailer Groupe Dynamite, Justice Kalichman of the Superior Court of Québec ...

According to the Financial Post, Sears Canada has agreed to create a fund for former employees who were denied severance payments as the company restructures itself.

The Court of Appeal has held that the refusal by the court to allow a litigant in person to adduce additional evidence at trial rendered the trial unfair.

On July 20, 2020, the Quebec Court of Appeal (Court of Appeal) released its decision in Séquestre de Media5 Corporation, overturning the lower court's decision and authorizing the appointment...

The Commercial List of the Ontario Superior Court of Justice recently granted an order structurally similar to a reverse vesting order in the receivership proceedings of Vert Infrastructure Ltd. (Vert).

Alberta's oil and gas regulatory regime has once again clashed with the Companies' Creditors Arrangement Act

Il a été porté à notre attention que nous n'avions pas précisé que la décision St-Onge (Syndic de) 2014 QCCS 909 (7 janvier 2014) rapportée dans notre publication Été 2014 avait été inscrite en appel.

The Québec Superior Court recently rendered a judgment (Francis v. Adobe 2018 QCCS 2547) confirming that a bankrupt's debt may be declared non-releasable by a discharge order pursuant to section 178

Flight v. Leblanc 2022 ONCA 831, argued by Lucy Sun and Jason Squire of Lerners, involved an interesting intersection of limitations law and insolvency practice.

In a lengthy decision released yesterday in respect of Indalex Limited, which had been operating under the protection of the Companies' Creditors Arrangement Act (CCAA), the Ontario Court of Appeal found that the Ontario Pension Benefits Act (PBA) imposes a deemed trust over the full amount of any funding deficiency that exists when a pension plan is wound up.

In a bankruptcy, the bankruptcy trustee is in charge of collecting on any claims held by the bankrupt, and is also given additional powers under the Bankruptcy and Insolvency Act (BIA)...

In an earlier blog, we wrote how Sears Canada had engaged federal bankruptcy and insolvency legislation in to buy time while its leadership formulated a plan to restructure the company.

Where owners of a property were appealing against an order that a creditor had a beneficial interest in their property (following a tracing claim).