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  • Article

    Limitations Of Section 69.3 Of The Bankruptcy And Insolvency Act

    Section 69.3(1) of the Bankruptcy and Insolvency Act (BIA) imposes an automatic stay of proceedings upon bankruptcy. The provision prevents creditors from commencing or continuing proceedings to recover a claim...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McKercher LLP
    McKercher LLP
  • Article

    Near-Bankruptcy Payments Do Not Warrant A Remedial Constructive Trust

    Does the timing of an enticed payment to a soon-to-be bankrupt give rise to a remedial constructive trust that would allow the payor to claw back the funds from the bankrupt's estate?
    CanadaInsolvency/Bankruptcy/Re-Structuring
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Not So Fast – Audit Restricts Appointment Of Monitor

    A recent decision of the Ontario Superior Court ("Court") provided insights into how the Courts may interpret Section 11.7 of the Companies' Creditors Arrangement Act ("CCAA")...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Ontario Commercial Court Rules Proceeds Of BIA Preference Action Subject To Rights Of Secured Creditors

    On August 18, 2011, Mr. Justice Morawetz, of the Ontario Superior Court of Justice, released an important decision in regard to preference actions in the matter of Tucker v. Aero Inventory (UK) Limited (together with Aero Inventory plc, Aero).
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Ontario Court Of Appeal: License Suspensions For Failure To Pay Highway 407 Tolls Must Be Lifted For Discharged Bankrupt

    Highway 407 (the "407"), a highway creating a semi-circle around the Greater Toronto Area, is Ontario’s first toll highway.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lerners LLP
    Lerners LLP
  • Article

    Operator's Liens And The PPSA Priority Regime

    Joint venture partners commonly enter into operating agreements which grant operators a security interest, referred to as an operator's lien.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Overview Of Canadian Insolvency Legislation

    Each province has its own laws governing issues related to property and commercial matters, but when insolvency or bankruptcy enter the scene, federal law becomes paramount.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gehlen Dabbs
    Gehlen Dabbs
  • Article

    Post-Filing Suppliers Do Not Implicitly Benefit From Any Priority On The Proceeds Of Sales Of Assets In CCAA Proceedings

    The Québec Court of Appeal confirmed that unpaid post-filing suppliers, which had neither sought a court-ordered charge to secure their post-filing claims nor availed themselves of their right to stop supplying goods ...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Recent Developments In Canadian Insolvency Case Law: What Lenders Need To Know

    In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Recent Global Insolvency And Economic Trends

    At the start of the pandemic, insolvency filings were expected to increase by 35% in 2020 and 2021. While some industries were hit hard, this prediction never materialized in Canada and the U.S., possibly because of significant financial government support.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Red)Water Under The Bridge? Court Of Appeal Upholds Right Of Trustee To Disclaim Uneconomic Assets In The Redwater Decision

    On April 24, 2017, the Alberta Court of Appeal issued a decision in Orphan Well Association v Grant Thornton Limited, 2017 ABCA 124.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Requirements For Granting A Bankruptcy Order

    In the Nova Scotia case Witch's Glen Gold Inc., Re, 2015 NSSC 93, the sole creditor, Steve Furlotte, brought an application pursuant to s. 43 of the Bankruptcy and Insolvency Act (BIA) seeking a bankruptcy order against the debtor Witch's Glen Gold Inc. ("WGC").
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cox & Palmer
    Cox & Palmer
  • Article

    Royalties Are Not Always King: Alberta Court Of Appeal Upholds Decision To Vest Off Gross Overriding Royalty

    The Alberta Court of Appeal in Invico Diversified Income Limited Partnership v Newgrange Energy Inc, 2025 ABCA 392 ("Newgrange")...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Fasken
    Fasken
  • Article

    Supreme Court Of Canada Releases Decision In Redwater

    On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association, Alberta Energy Regulator v. Grant Thornton Limited and ATB Financial.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cassels
    Cassels
  • Article

    The Clock Is Ticking On Canadian Household Debt

    Rising household debt is leaving Canadians more vulnerable to interest rates and economic volatility, according to a January 2016 report from the Parliamentary Budget Office ("PBO"), ..
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Crowe Soberman LLP
    Crowe Soberman LLP
  • Article

    The Québec Court Of Appeal Changes The Allocation Of Realization Proceeds In A Manner Detrimental To A Financial Institution

    On February 2, 2012, the Court of Appeal rendered its judgment in the case of Maisons Marcoux Inc. (Syndic de).
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Canada's New Intellectual Property Strategy Announced

    The Government of Canada plans to invest $85.3 million in the IP Strategy over the next five years.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Enhanced Protection For Licensees Of Intellectual Property In The Event Of Licensor Bankruptcy

    The long-awaited amendments to Canada’s Bankruptcy and Insolvency Act (BIA) and Companies’ Creditors Arrangements Act (CCAA) came into force on September 18, 2009.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    New Bankruptcy Law Amendments Will Help IP Licensees

    On September 18, 2009, many long-awaited amendments to Canada's “Bankruptcy and Insolvency Act (BIA)” and “Companies' Creditors Arrangement Act (CCAA)” came into force.
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Doing Work On A Provincial Project? Protect Yourself With A Public Works Act Claim

    The Public Works Act ("PWA") is a helpful, rarely litigated piece of legislation for unpaid subcontractors.
    CanadaReal Estate and Construction
    Field Law
    Field Law
  • Showing 381–400 of 1892 results

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