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The decision denying the stay was emphatic, with Wakeling JA stating that a contrary outcome would be "heretical in nature" to stare decisis, the legal requirement that courts must follow precedents.

The Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA) provide clear rules for legal proceedings between creditors and distressed debtors in Canada.

Effective November 1, 2019, amendments to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the BIA) and the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (the CCAA)...

Clerical errors are an unfortunate fact of business life. When they happen, they are typically reversible, with the appropriate apologies. But when the payout of creditor claims is involved ...

The British Columbia Court of Appeal (BCCA) recently released its first decision considering the application of BC's new limitations statute in the context of security enforcement ...

This week, the Ontario Court of Appeal surprised many by deciding that in the context of the CCAA proceedings of Indalex, pension plan deficiency claims can have priority over security held by secured DIP lenders.

Ce bulletin s'adresse à tous les intervenants du domaine de l'insolvabilité au Canada.

In Wearmouth v. Tallon Energy Corp. (2006) CarswellAlta. 1617 the Court of Queen’s Bench of Alberta had the opportunity to consider Rule 14(2) of the Bankruptcy and Insolvency Act ("BIA"), which requires leave of the Court before an adverse party may cross-examine a deponent on an Affidavit.

In Wearmouth v. Tallon Energy Corp. (2006) CarswellAlta. 1617 the Court of Queen’s Bench of Alberta had the opportunity to consider Rule 14(2) of the Bankruptcy and Insolvency Act ("BIA"), which requires leave of the Court before an adverse party may cross-examine a deponent on an Affidavit.

In Canada, exploration and production (E&P) companies have been among the first to struggle in the new oil economy.

In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162.

In Re Canadian Red Cross Society, the Ontario Superior Court relied heavily on the Alberta Court of Appeal decision in Re Blue Range Resources in addressing questions of jurisdiction relating to the late or irregular filing of claims in a CCAA proceeding.

Urbancorp Inc., a large real estate development company involved in various projects in the Greater Toronto Area, became subject to proceedings under the Companies' Creditors...

A discussion on the Supreme Court of Canada decision on the priority given to pension fund deficiencies, in the context of an insolvency.

The Cassels Brock Restructuring and Insolvency Group is pleased to present the 2012 Edition of Portable Canadian Insolvency Legislation for our friends in the restructuring and reorganizing community and for everyone else whose path might take them into the area of restructurings and insolvencies, particularly cross-border issues.

The Court of Queen's Bench of Alberta authorized a disposition of a debtor's assets by a receiver immediately upon appointment and without being forced to conduct a marketing process within the receivership proceedings.

On November 2, 2017, the Reid-Built group of companies were placed into receivership by the entry of a consent receivership order based on the Alberta Template Receivership Order.