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2022 was an unprecedented year in insolvency practice. For as long as anyone can remember, there have always been several large corporate insolvency filings with national...

Explore how vesting orders in insolvency proceedings can bar claims for unpaid Crown royalties, while examining the potential ongoing liability that co-lessees may face. Understand the implications of federal defence industrial strategy on mergers and acquisitions within the Canadian market, and learn how Alberta courts are clarifying security measures in legal proceedings.

The BC Court of Appeal has confirmed the jurisdiction for Canadian courts to make reverse vesting orders ("RVO") in receivership proceedings.

Dans cette affaire, la Cour doit déterminer si le débiteur a conclu une évaluation sous-évaluée avec son épouse en la laissant prendre en paiement tous ses biens et en lui octroyant une hypothèque sur le bail.

On March 8, a U.S. bankruptcy judge ruled that debtor Sabine Oil & Gas Corporation (Sabine), an upstream company, was permitted to reject pipeline contracts with midstream gatherers.

In an apparent departure from the interpretations previously given to section 81.1 of the Bankruptcy and Insolvency Act ("BIA"), the British Columbia Court of Appeal held that commingled fungible goods may be "identifiable" for the purposes of repossession by an unpaid supplier. The decision in Port Alice Specialty Cellulose Inc. Estate (Trustee of) v. ConocoPhillips Co. creates uncertainty for ABLs and other lenders that lend on the security of inventory and may trigger a re-examination of borr

LEEFF is not intended to be used to resolve insolvencies or restructure firms, nor will it be provided to companies capable of managing through the crisis.

In the recent decision of Alberta Securities Commission v. Hennig (2020 ABQB 48), the Alberta Court of Queen's Bench (Court)...

In Ridel v Goldberg, 2019 ONCA 636, the Court of Appeal for Ontario considered whether a judgment creditor was statute-barred from pursuing a claim for contribution and indemnity

The corporate attribution doctrine concerns the attribution of the actions of a corporation's directing mind to the corporation itself.

EFCs are a class of financial agreements that represent one of the most substantial carve-outs from the relief available to debtors under the CCAA and the Bankruptcy and Insolvency Act.

If so, you should understand that a corporate entity ("Your Company") is a separate legal entity - effectively, another person.

In Canada the Courts have unanimously ruled that directors and officers owe their fiduciary duties to the corporation at all times, even when the corporation is in the nebulous "vicinity of insolvency".

Both the Bankruptcy and Insolvency Act ("BIA") and the Companies' Creditors Arrangement Act ("CCAA") (collectively, the "Acts") were recently amended.

Tudor Sales Ltd. (Re), 2017 BCSC 119 is a case from British Columbia that dealt with whether shareholder loans, as a non-arm's length transaction, are properly characterized as debt, or as equity.

This is an update of our original blog dated April 24, 2023. Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Pension Benefits Standards Act...

When will the replacement of operator provisions in the 2007 CAPL Operating Procedure ("Paragraph 2.02") be enforced against a party in receivership in the context of a court approved sale of the underlying oil and gas properties?