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  • Article

    Receivership - Debt Collection Remedy For Secured Creditors

    In receivership, an appointed third party acts on behalf of a secured creditor and is tasked with taking possession of the debtor's assets, selling them and using the proceeds to pay the secured debt.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gehlen Dabbs
    Gehlen Dabbs
  • Article

    Resetting The Limitations Clock In Actions To Recover Debts

    The Supreme Court of British Columbia is the most recent court latest to find that a debtor's email can, in the appropriate circumstances, be sufficient to restart the two-year limitation period ...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gehlen Dabbs
    Gehlen Dabbs
Article

Restructuring Options To Encourage Business Viability In Light Of COVID-19

The number of confirmed cases of COVID-19 continues to rise in Canada and globally and this novel pandemic is having unprecedented affects directly on businesses and the economy more broadly.
CanadaInsolvency/Bankruptcy/Re-Structuring
Burnet, Duckworth & Palmer LLP
Burnet, Duckworth & Palmer LLP
  • Article

    Ripple Effect Continues: AER Issues Bulletin 2016 In Wake Of Redwater

    According to the AER, the following measures are temporary, pending the earlier of the Redwater litigation or the implementation of appropriate regulatory measures.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    SCC Agrees To Hear Appeal On Whether Securities Commission Penalties Can Survive Bankruptcy

    On March 31, 2023, Canada's top court granted leave to appeal from the B.C. Court of Appeal's decision in Poonian v. British Columbia (Securities Commission) that a securities commission administrative penalty relating to fraud ...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Set Off Rights: Recovering Goods Or Proceeds From A Bankrupt Client

    When a client goes bankrupt, an unpaid supplier is often left with few remedies.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lerners LLP
    Lerners LLP
  • Article

    Settlement Finally Reached In Coopers & Lybrand Litigation

    On July 15, 2015, the Ontario court granted an Order approving settlement of the Castor Holdings litigation.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    So You're In Special Credit – Can You Sue?

    Deciding not to advance any more money and shifting a debtor's account into the euphemistic and scary world of the bank's "Special Credit" department isn't a breach of a bank's credit arrangements.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Supreme Court Of Canada Confirms: Hypothecary Notices In Québec Receiverships Are Here To Stay

    On April 1, 2021, the Supreme Court of Canada dismissed an application for leave to appeal in the matter of Séquestre de Media5 Corporation, a judgment rendered last summer by the Québec Court of Appeal...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McMillan LLP
    McMillan LLP
  • Article

    Tax Evasion In Canada: The Balancing Act Of Bankruptcy And Confidentiality

    The case of Milot Law v Sittler, 2024 ABCA 39 arises from the DeMara Consulting Inc. tax evasion scandal. Heather and Sheldon Sittler (collectively, the Sittlers)..
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Bankruptcy And Insolvency Act Trumps The Subrogation Rights Of An Insurer

    The plaintiffs in the underlying action, Art and Wendy Douglas, owned property in Kingston where there was an oil leak in January of 2008.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Interplay Between Benefits Under A Trust And Bankruptcy: A Beneficiary Cannot Shield Its Obligations To Creditors By Hiding Behind The Terms Of A Trust

    In a recent decision, the Ontario Court of Appeal held that the sale proceeds of a property held in trust can be applied to a beneficiary's bankruptcy obligations.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    The Supreme Court Of Canada Affirms The Anti-Deprivation Rule In Bankruptcy

    In Chandos Construction Ltd v Deloitte Restructuring Inc ("Capital Steel") a strong majority of the Supreme Court of Canada affirmed the continuing relevance in Canada of the common-law anti...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Three Tips For Commercial Landlords Managing Tenant Insolvency Issues

    As a commercial landlord, the effects of the COVID-19 pandemic may have left you facing a number of difficult challenges – including how to address tenant insolvency. Here are three strategies for...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Transactions That May Be Voided In Bankruptcy

    In our last post, we discussed various acts that may be deemed as offences under the Bankruptcy and Insolvency Act (BIA).
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gehlen Dabbs
    Gehlen Dabbs
  • Article

    Transfers At An Undervalue; Backfires In Creditor Proofing

    Individuals faced with financial pressures and money problems understandably try to protect what little assets they may have left. In particular they want to protect the family home.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Wrong Name And Correct Vin? Out Of Luck In Manitoba, But Not Everywhere

    Cassels Brock developed this Lessons Learned series based on our experience with priority disputes between secured creditors and the realization that many secured parties make fundamental errors of law that cause them to lose priority in their collateral.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cassels
    Cassels
  • Article

    Alberta Court Of Appeal Confirms Superpriority For Receiver's Fees And Costs

    In the recent decision of Edmonton (City) v Alvarez & Marsal Canada Inc., 2019 ABCA 109, the Alberta Court of Appeal has concluded that fees and costs incurred by a court-appointed receiver should have priority.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    End Of The Road: The Supreme Court Of Canada Denies Leave To Appeal In Iona Contractors Ltd. v Guarantee Company Of North America

    The Supreme Court of Canada today released its highly anticipated decision in Iona Contractors Ltd. v Guarantee Company of North America, dismissing the application for leave to appeal by the Trustee in Bankruptcy of the bankrupt, Iona Contractors Inc.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Updates To Trust Provisions Of Construction Act

    Part II of the Construction Act ("Act") sets out statutory rights, in addition to lien rights, with respect to the financing and use of project funds in the construction pyramid. Specifically,...
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
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