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In the context of commercial lending, the priority of claims is a critical aspect of risk management. A common concern for commercial mortgage lenders is how a borrower's unsecured debt...

The FDMA imposes notice obligations on the lender which are in addition to those prescribed by the Bankruptcy and Insolvency Act.

The omnibus Bill C-861 received royal assent on December 13, 2018, and made substantial updates to, among other things, the Wage Earner Protection Program Act (WEPPA).

Few people have the ability to put you immediately at ease from the outset of a conversation.

A recent unreported decision in the Alberta Court of Queen's Bench has clarified the ranking of certain municipal tax claims against a bankrupt in Alberta.

The background facts are relatively straightforward.

The Bankruptcy and Insolvency Act (Canada) ("BIA") and the Companies' Creditors Arrangement Act (Canada) ("CCAA") ...

The scheme collapsed in July 2013 as Golden Oaks went into receivership.

It is no secret that many companies in Alberta are in financial distress due to COVID-19. While lenders have generally cooperated during this period, business owners are now...

On March 25, 2022, the Alberta Court of Appeal issued its decision in PricewaterhouseCoopers Inc v Perpetual Energy Inc, 2022 ABCA 111.

Bella Senior Care Residences Inc. ("BSCRI"), was the operator of a senior care facility. BSCRI owed money to Canada Life Assurance Company ("CLAC"), pursuant

In January and February of 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released two decisions in which he authorized a debtor-in-possession ("DIP") financing charge, an administration charge, and a directors and officers ("D&O") charge ranking ahead of, among other claims, possible pension deemed trusts over the objection of the debtor companies’ unions and on notice to the members of the companies’ pension administration committees.

Callidus Capital has struck back against what some call the evil empire aka CRA.

In the recent case of Convoy Supply Ltd. v. Elite Construction (Windsor) Corp., the Plaintiff, Convoy, brought a motion for a determination that the debt owing by the Defendants...

The federal government delivered the proposed 2009 Budget on January 27, 2009. The House of Commons passed the Budget on February 3, 2009 by a vote of 211 to 91.

Guidance for businesses in times of crisis

A recent decision of the Ontario Court of Appeal illustrates that secured creditors should address their priority position relative to all other creditors of their borrower in order to achieve a complete subordination of competing security.

AP Inc. and Aralez Pharmaceuticals Canada Inc. brought an application to the Ontario Superior Court under the CCAA concurrently with a United States Chapter 11 proceeding brought by affiliated entities. the Applicants.