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  • Article

    Callidus Capital Corporation V Her Majesty The Queen SCC Appeal Granted

    In a rare move, the Supreme Court of Canada has allowed the Callidus Capital Corporation appeal from the bench. This appeal involved the priority between secured creditors and the Canada Revenue...
    CanadaTax
    Miller Thomson
    Miller Thomson
  • Article

    Appeal Dismissed: Decision Of The Alberta Court Of Appeal In Re Redwater Confirms Paramountcy Of BIA

    The Alberta Court of Appeal has dismissed the appeal brought by the Alberta Energy Regulator and the Orphan Well Association from the decision of the Court of Queen's Bench of Alberta...
    CanadaEnergy and Natural Resources
    McMillan LLP
    McMillan LLP
  • Article

    Yukon Zinc Corporation (Re), 2015 BCSC 1961

    Yukon Zinc, the owner of the Wolverine Mine in the Yukon, commenced restructuring proceedings in March 2015 under the Companies' Creditors Arrangement Act (CCAA).
    CanadaEnergy and Natural Resources
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Davies Restructuring Review 2021: Issue 1

    Although 2020 may be behind us, the economic conditions and lockdowns caused by the COVID-19 pandemic still linger.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Davies Restructuring Review 2021: Issue 2 - Emerging Trends For The Short And Long Terms

    Canada's economy has continued to fare surprisingly well since we published the first issue of our 2021 Restructuring Review in March, despite continuing pandemic restrictions.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Suspension Of Limitation Periods During Saskatchewan Farm Foreclosure Process

    Foreclosure allows lenders to recover debts by selling the property of defaulting borrowers. In Saskatchewan, this process provides special protections for farmers.
    CanadaReal Estate and Construction
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Licensee Liability Ratings And Stakeholder Exposure In Insolvency

    The Alberta Energy Regulator's (AER) final phase of changes to the Licensee Liability Rating Program (the "LLR Program") came into effect on August 1, 2015.
    CanadaEnergy and Natural Resources
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Veris Gold Corp. (Re), 2015 BCSC 399 And 2015 BCSC 1204

    In 2014, Veris Gold Corp. and its subsidiaries began experiencing financial difficulties due to, among other things, the declining price of gold. It also received notice from its major secured creditor, Deutsche Bank A.G., that it was in default under its security agreements.
    CanadaEnergy and Natural Resources
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Alberta Court Of Appeal Finds Proposed Federal Securities Act Unconstitutional

    The Alberta Court of Appeal has just released its decision on the reference made by the Alberta government regarding the federal government's plan to implement the proposed federal Canadian Securities Act.
    CanadaFinance and Banking
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    The Repeal Of Ontario's Bulk Sales Legislation

    On March 22, 2017, Ontario's Bulk Sales Act (BSA) was repealed by way of Schedule 3 of Ontario's Burden Reduction Act.
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    An Overview Of The Case Law On Representation Orders In Canadian Insolvency Proceedings

    In fact, unlike Chapter 11 of the US Bankruptcy Code, in Canada, the CCAA does not provide for the appointment of creditors' committees representing their interest during the proceedings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Business Insolvency On The Rise In Canada: Understanding The Role Of AI

    The first half of 2023 saw a significant increase in business insolvencies as economic sectors responded to uncertain financial conditions in Canada and around the world.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Canada's Top Court Releases Precedent-Setting Decision On Litigation Funding And A Court's Discretion In Restructuring Process

    The Supreme Court of Canada's decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Canada-Restructuring-and-Insolvency

    The Ontario Court of Appeal in Rivers v. Waterloo Regional Police Services Board has upheld the Superior Court of Justice's determination that it was without jurisdiction to hear a proposed class
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Case Alert!! Decisions Which Will Affect Financing Of Companies With Pension Plans And Potential Environmental Liability Expected From Supreme Court Of Canada This Fall

    Supreme Court of Canada is considering two key insolvency related cases where their findings could have significant ramifications on the financing of companies with pension plans and/or potential for environmental liability.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lerners LLP
    Lerners LLP
  • Article

    Chris Hunter On Litigation Trustees And Litigation Funding

    Senior associate Chris Hunter sat down with the Annual Review of Insolvency Law Society to share his insight in its ARIL Podcast Program.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Torys
    Torys
  • Article

    Doing Business In Canada

    Developed by McCarthy Tétrault and recently updated for 2011, Doing Business in Canada provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as they enter into a business venture in Canada.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Emerging Trends In Insolvency & Restructuring (Video)

    BLG was pleased to be one of the presenting sponsors of the 2020 Western Legal Innovation Forum. The following is a recorded presentation of the panel discussion...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Guarantors Can Be Discharged In Bankruptcy Only If The Creditor Caused The Default

    The appellant in Konga had signed a personal guarantee of a corporation's obligations to the respondent bank.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    How Litigation Funding Can Help Cross-Border Insolvencies

    The recent uptick in bankruptcy and insolvency filings in Canada and the U.S. may be the tip of the iceberg given increasing levels of economic uncertainty.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Bentham IMF Capital Limited
    Bentham IMF Capital Limited

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