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The Supreme Court of Canada has released a decision that will impact how provincial courts across Canada interpret bankruptcy law—and could have practical implications for students borrowing government loans...

In the recent decision of the Supreme Court of Canada in Toronto-Dominion Bank and Her Majesty the Queen (2012 SCC 1), the Supreme Court succinctly agreed with the reasons of Justice Noël of the Federal Court of Appeal.

A few weeks ago, I decided to take a break from reading cases, arguments and alternative arguments to peruse the news (read: basket-cases, facts and "alternative facts") instead.

It has long been standard practice for Court-appointed receivers, monitors and trustees in bankruptcy to include comprehensive disclaimer language in the reports they submit to Court in connection with insolvency proceedings.

In an earlier blog, we noted that Sears Canada had agreed to create a fund for former employees who were denied severance payments while the company restructured.

While it is common practice in Canada to seek certain emergency orders on an ex parte basis (i.e. where only one party (and not the adversary) appears before a judge), applicants for such orders are held to a high standard of candour with the court.

Some individuals are appointed as Estate Trustees and, after determining the debts owed by the Estate, discover that the Estate does not have enough money to pay its creditors leaving the Estate Trustee to question who should get paid.

On April 26, 2018 Minister Bains announced Canada's Intellectual Property ("IP") Strategy.

In Yehya v Thomas, 2019 ABCA 164, the court of appeal revisited the test for setting aside a default judgment where there is a procedural flaw.

A securities class action against Sino-Forest Corporation, its senior officers and directors, and others was commenced in July 2011 after Sino-Forest filed for CCAA protection.

When a judgment debtor owns personal property such as vehicles, equipment, or valuable items, creditors can pursue seizure and sale through a bailiff to satisfy outstanding debts. This collection method involves investigating assets, physically seizing property, and auctioning goods to recover judgment amounts, though certain restrictions apply to protect basic necessities and lower-value items.

Recently, a number of retail enterprises have availed themselves of the protection of the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act, Canada's insolvency statutes.

A commercial lease does not end on the sole basis that the lessee declares bankruptcy; to the contrary, the Bankruptcy and Insolvency Act.

Technology and business process outsourcing is going global and law firms worldwide are embracing this specialized practice area.

The Supreme Court of Canada ruled that bankruptcy trustees, receivers and secured creditors can continue to collect the full amount of accounts receivable of a bankrupt supplier, including the Goods and Services Tax (GST) component, even if an amount remains owing by the supplier to the Canada Revenue Agency (CRA).

The 2020 issue of our annual newsletter, The Checkup, is now available for download.

When determining whether a distribution of property should be made, the tax consequences not only for the taxpayer, but also for its legal representatives, must be considered.

In a recent decision, the Federal Court of Appeal had occasion to consider a claim at the crossroads of bankruptcy and maritime law.