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  • Article

    Indalex: Appeal Allowed - Supreme Court Confirms The Priority Of CCAA Charges And Provides Guidance On Pension Issues

    A discussion on the Supreme Court of Canada overruling the controversial decision of the Ontario Court of Appeal that had granted pensioners priority recovery from the proceeds of the sale of insolvent Indalex Limited.
    CanadaEmployment and HR
    Goodmans LLP
    Goodmans LLP
  • Article

    Indalex Case To Be Heard By Supreme Court Of Canada

    Today, the Supreme Court of Canada agreed to hear an appeal of the unanimous decision rendered last April by the Ontario Court of Appeal (OCA) in Re Indalex Limited (Indalex).
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Redwater SCC Leave Decision

    The Redwater Energy Corporation (Redwater) saga endures as the issues in the case continue to loom large in the Alberta oil and gas industry and the Federal bankruptcy regime.
    CanadaEnergy and Natural Resources
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Update: Alberta Licensee Liability Rating Program Imposes Financial Challenges For Junior Oil & Gas Companies

    Effective February 28, 2014, the Alberta Energy Regulator has implemented the Licensee Liability Rating Program Management Plan.
    CanadaEnergy and Natural Resources
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Former Directors And Officers Of Bankrupt Company Reach $4.75 Million Settlement With The Ministry Of Environment Over Cleanup Orders

    On October 28, 2013, the Ontario Ministry of the Environment (MOE) announced that it had reached a settlement with the former directors and officers of Northstar Aerospace...
    CanadaEnvironment
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Secured Creditors And Environmental Liabilities: The Qualex Quagmire Continues

    The stakes in the appeal from a recent case in Alberta, Qualex-Landmark Towers Inc v 12-10 Capital Corp ("Qualex") are rising with the recent decision of the Court of Appeal of Alberta...
    CanadaEnvironment
    Miller Thomson
    Miller Thomson
  • Article

    Top Court Rules Bankrupt Corporations Can't Evade Environmental Obligations

    In a landmark decision released on January 31, 2019, the Supreme Court of Canada ruled in Orphan Well Association v Grant Thornton Ltd. that the environmental remediation obligations of a bankrupt oil and gas company ...
    CanadaEnvironment
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Collecting Money From Debtor's RRSP

    In 2008 the Legislative Assembly of British Columbia passed the Economic Incentive and Stabilization Statutes Amendment Act, a bill intended to protect registered savings plans of debtors from creditors.
    CanadaFinance and Banking
    Singleton Urquhart Reynolds Vogel LLP
    Singleton Urquhart Reynolds Vogel LLP
  • Article

    License Agreements, Legislative Amendments And The Implication For Restructurings

    The recent amendments to the Bankruptcy and Insolvency Act (the BIA) and the Companies' Creditors Arrangement Act (the CCAA) have sought to address contractual rights amongst parties during restructuring.
    CanadaFinance and Banking
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Problem Customer? Problem Solved!

    Banks are entitled to terminate banking relationships on reasonable notice and without providing an explanation.
    CanadaFinance and Banking
    Cassels
    Cassels
  • Article

    Acquiring A Distressed Business

    While a failing business may be burdensome to its current owners, acquiring the entity or its assets can be very attractive to onlookers.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gehlen Dabbs
    Gehlen Dabbs
  • Article

    Alberta Court Of Appeal Overturns Lower Court Decision In Reid-Built

    In a 2018 judgment discussed here, the Alberta Court of Queen's Bench held that, by virtue of s. 348 of the Municipal Government Act, municipal tax claims could take priority over a Receiver's charge
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Bad Faith And Claims Surviving Bankruptcy

    One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Miller Thomson
    Miller Thomson
  • Article

    Bank Did Not Circumvent Secured Interest by Granting Overdraft Protection

    This case highlights the importance of reviewing Account Agreements and General Security Agreements to ensure maximal protection of a creditor's security interest.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Bankruptcy – It's Not The End!

    Under the Law of Property Act, a mortgagee is limited to recovery of the property unless the mortgage is high ratio, insured by CMHC, or granted by a corporation.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Bishop & McKenzie LLP
    Bishop & McKenzie LLP
  • Article

    BC Supreme Court Subordinates Related Party's Claims

    On January 25, 2017, the British Columbia Supreme Court rendered its decision in Tudor Sales Ltd. (Re), 2017 BCSC 119.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Before The Breach: How Borrowers Can Respond To Tariff-related Financial Stress

    Canadian businesses facing financial pressure from U.S. tariffs and countermeasures may experience covenant breaches and liquidity challenges. Understanding available remedies and engaging lenders early can preserve options and strengthen negotiating positions before defaults occur.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    But I Need An Interpreter! Who Pays The Cost In A Bankruptcy?

    In a summary bankruptcy administration, the fees and disbursements of a trustee are prescribed by Rule 128 of the Bankruptcy and Insolvency General Rules
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Century Services Inc. v. Canada (Attorney General)

    In the first decision of the Supreme Court of Canada considering the Companies’ Creditors Arrangement Act ("CCAA"), the court discusses the principles of interpretation for the CCAA. Apart from its importance in that respect, the decision is also of interest for its discussion of statutory interpretation, particularly with respect to statutory amendments.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Constructive Trust 1 vs. Secured Creditor 0

    Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cassels
    Cassels
  • Showing 221–240 of 1892 results

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