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  • Article

    No Construction Lien Act (Ontario) Deemed Trust In Bankruptcy

    The Ontario Superior Court of Justice held that trust claims pursuant to s.8 of the Construction Lien Act do not survive the bankruptcy of the trustee debtor.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    No Laughing Matter: Court Delivers Punchline On Wage Protection In The Just For Laughs Case

    A recent court decision has provided clarity on the application of the Wage Earner Protection Program Act ("WEPPA") to former employees of companies undergoing
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Fasken
Fasken
  • Article

    Out Of Gas: How The Conifer-Razor Dispute Became Moot

    The recent Court of Appeal decision in Conifer Energy Inc v Razor Energy Corp., 2025 ABCA 14, has brought to light important issues surrounding contractual obligations, insolvency law, and the operational complexities...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Plans Of Compromise Not A Prerequisite For Refinancing, Says B.C. Court Of Appeal

    A recent decision from the B.C. Court of Appeal found that plans of arrangement or compromise aren't prerequisites to refinancing a development.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Restrictive BIA Appeal Provisions Continue To Be Applied Broadly In Receiverships

    In a previous article, we discussed the Ontario Court of Appeal's decision in Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Restructure, Recover, Rebuild: A Guide For Cannabis Operators In Transition

    In Canada's evolving cannabis industry, entering a restructuring process such as under the Companies' Creditors Arrangement Act (the "CCAA") is no longer seen as a failure...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Miller Thomson
    Miller Thomson
  • Article

    Supreme Court of Canada: GST Deemed Trusts are Inoperative in CCAA Proceedings

    On December 16, 2010, the Supreme Court of Canada (SCC) released its decision in "Re Ted Leroy Trucking Ltd." In its decision, the SCC affirmed the importance of the "Companies’ Creditors Arrangement Act" (CCAA) as a flexible restructuring tool, and clarified the source and limits of the Court’s authority during CCAA proceedings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Futura Loyalty Group Inc. (Re):* Cost-Benefit Analysis Of Meeting Pre-Filing Customer Obligations Under The CCAA

    In October 2012, The Futura Loyalty Group Inc. commenced proceedings under the Companies’ Creditors Arrangement Act.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    The Not So Royal Treatment: Alberta Court Vests Off Gross Overriding Royalties In Insolvency

    In the recent decision of Invico Diversified Income Limited Partnership v NewGrange Energy Inc, 2024 ABKB 214 ("NewGrange"), the Alberta Court of King's Bench...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Fasken
    Fasken
  • Article

    The Preservation Of Lien Rights In Insolvency Proceedings

    Most insolvency practitioners will likely agree that in the context of receivership or bankruptcy proceedings, the issue of priorities of the interests of various creditors and stakeholders is not one that is always easily resolved.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Preservation Of Lien Rights In Insolvency Proceedings

    Most insolvency practitioners will likely agree that in the context of receivership or bankruptcy proceedings, the issue of priorities of the interests of various creditors and stakeholders is not one that is always easily resolved.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Québec Court Of Appeal Renders A Judgment On Financing By Means Of Mining Royalties In The Context Of A Bankruptcy

    The Court of Appeal recently rendered a judgment regarding financing through mining royalties in the context of a bankruptcy.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    The Second Opinion: Beware Contractual Provisions Triggered (Even Indirectly) By A Party’s Insolvency

    Parties may need to proceed cautiously in enforcing contractual rights and remedies in circumstances where there is a risk of the counterparty subsequently becoming insolvent.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Supreme Court Of Canada Rules In Orphan Well Case

    The Alberta Energy Regulator's Statutory Power is Not in Conflict With the Bankruptcy and Insolvency Act
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    This Week At The SCC

    A discussion on the Supreme Court recent judgment in the a case of interest to Canadian businesses and professions.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Trend Watch : Determining COMI In US Chapter 15 Proceedings

    A US Bankruptcy Court's recent decision provides important insights for Canadian debtor companies that are involved in cross-border restructurings...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Update on Bill C-501: An Act to Amend the Bankruptcy and Insolvency Act and Other Acts (Pension Protection)

    In the midst of the ongoing restructurings of Nortel and AbitibiBowater, New Democrat Member of Parliament John Rafferty (Thunder Bay – Rainy River) introduced a bill to amend the Bankruptcy and Insolvency Act (the "BIA") and the Companies’ Creditors Arrangement Act (the "CCAA") with the goal of better protecting employees’ interests in the context of formal insolvency proceedings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Update on Bill S-216: An Act to Amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act in Order to Protect Beneficiaries of Long Term Disability Benefits Plans

    On March 25, 2010, Toronto Senator Art Eggleton tabled Bill S-216 which, if proclaimed in force, would amend the Bankruptcy and Insolvency Act (the "BIA") and the Companies’ Creditors Arrangement Act (the "CCAA") to protect employees on long-term disability ("LTD") by granting super priority status to long term disability benefits and health related benefits that are to be paid to disability plan beneficiaries in the context of insolvency proceedings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    A Difficult Defence, Non Est Factum

    Every so often, a debtor is faced with the inevitable, but holds on to any defence available, no matter how untenable it might be.
    CanadaLitigation, Mediation & Arbitration
    Speigel Nichols Fox LLP
    Speigel Nichols Fox LLP
  • Article

    Case Management On The Commercial List: Leveraging The System For Complex Cases

    Lenczner Slaght continues its dominance in Canadian litigation, earning top rankings and prestigious awards while welcoming new talent. The firm's Commercial List Year in Review offers comprehensive data analysis spanning five years...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Showing 441–460 of 1892 results

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