ArticleHighlights Of 2018 Canadian Restructuring LawThe priority debate between secured creditors and taxation authorities is not limited to claims arising under the ETA.CanadaInsolvency/Bankruptcy/Re-StructuringMcCarthy Tétrault
ArticleInsolvabilité : les signes annonciateurs de difficultés financièresPendant cette période de perturbations, les institutions financières ainsi que leurs clients et emprunteurs feront face à de nombreux défis et facteurs de stress.CanadaInsolvency/Bankruptcy/Re-StructuringBorden Ladner Gervais LLP
ArticleInsolvency Insights: Lack Of Transparency Through The Court's LensThe case of Anderson v. Westmount Projects Inc., 2023 ABKB 619, dealt with the financial challenges of Westmount Projects Inc. (Westmount)...CanadaInsolvency/Bankruptcy/Re-StructuringBorden Ladner Gervais LLP
ArticleInsolvency: Warning Signs Of Financial DistressIn such turbulent times, financial institutions and their customers or borrowers may be facing significant challenges and stresses.CanadaInsolvency/Bankruptcy/Re-StructuringBorden Ladner Gervais LLP
ArticleJohnson & Johnson Stopping All Sales Of Talcum-based Baby PowderOn August 11, 2022, global pharmaceutical and consumer products giant Johnson & Johnson ("J&J") announced that it would stop all sales of its talc-based baby powder products in 2023.CanadaInsolvency/Bankruptcy/Re-StructuringSiskinds LLP
ArticleLa Cour Supérieure Rappelle Les Conditions Qu’un Syndic Doit Respecter Afin De Maintenir Le Contrôle Sur Un Bien Immobilier D’un Failli Après Avoir Obtenu Une LibérationAu moment de sa faillite, le requérant possédait un cinquième indivis d’un terrain. CanadaInsolvency/Bankruptcy/Re-StructuringMiller Thomson
ArticleLBO Investors Shielded From Creditors' State Law Fraudulent Conveyance ClaimsSection 546(e) securities safe harbor provision protects shareholder settlement payments in LBO transactions from constructive fraudulent conveyance attack by individual or collective creditors.CanadaInsolvency/Bankruptcy/Re-StructuringTorys
ArticleNavigating Financial Turbulence In Canada: Bankruptcy vs. Debt ConsolidationFinancial challenges can cast a shadow over your life, but there are solutions to help you find your way back into the sunlight. In Canada, two common options for individuals grappling with unmanageable...CanadaInsolvency/Bankruptcy/Re-StructuringStringam LLP
ArticleOntario Court Addresses Debt Re-Characterization Argument In CCAA ProceedingOn February 29, 2016, the Ontario Superior Court of Justice released a decision in the ongoing insolvency proceeding of U. S. Steel Canada Inc. Two principal issues were addressed by the Court. CanadaInsolvency/Bankruptcy/Re-StructuringBlake, Cassels & Graydon LLP
ArticleOntario Court Of Appeal Finds Stalking Horse Agreement's Lower Purchase Price Gives Debtor Company Automatic Right Of Appeal In ReceivershipAppeals under the Bankruptcy and Insolvency Act (BIA) generally result in an automatic stay of the order under appeal—a potentially costly and disruptive outcome.CanadaInsolvency/Bankruptcy/Re-StructuringTorys
ArticleOntario Court Relies On The Duty Of Good Faith And Awards Full Indemnity CostsOn May 13, 2021, Justice Koehnen of the Ontario Superior Court of Justice (Commercial List) (the Court) released a decision in the receivership proceeding of Mill Street & Co, Inc. (Mill Street)...CanadaInsolvency/Bankruptcy/Re-StructuringCassels
ArticlePopularity Of Litigation Funding For Insolvent Companies Continues To GrowA recent article in the Law Times provides a timely update to the Canadian bar on the demonstrable benefits of litigation funding.CanadaInsolvency/Bankruptcy/Re-StructuringBentham IMF Capital Limited
ArticleReturn To Certainty: Supreme Court Of Canada Provides Clarity To GST/HST Deemed Trust And The Liability Of Secured Creditors For Funds ReceivedOn November 14, 2018, the Supreme Court of Canada delivered its reasons for reversing the Federal Court of Appeal's decision in Callidus Capital Corporation v Her Majesty the Queen, 2018 SCC 47.CanadaInsolvency/Bankruptcy/Re-StructuringCassels
ArticleRV-No: The Alberta Court Of King's Bench Refuses To Grant RVO In Cleo Energy Corp (Re)Reverse vesting orders (RVOs) have become a mainstay in Canadian insolvency practice, especially in complex restructurings where buyers seek to acquire a company's valuable...CanadaInsolvency/Bankruptcy/Re-StructuringTorys
ArticleSCC Provides Clarity Re Anti-Deprivation Common Law RuleEarlier this fall, the Supreme Court of Canada ("SCC") released its decision in Chandos Construction Ltd. v. Deloitte Restructuring Inc. ("Chandos") . CanadaInsolvency/Bankruptcy/Re-StructuringCox & Palmer
ArticleSection 160/325 - Derivative Liability And BankruptcyA taxpayer can still be held liable for a tax debt thought to have been erased by bankruptcy. This was the decision of the Federal Court of Appeal in Canada v. Heavyside, 1996 CanLII 3932 (FCA)...CanadaInsolvency/Bankruptcy/Re-StructuringSpenceDrake Tax Law
ArticleSupreme Court Confirms Impact Of A Debtor's Bankruptcy On CRA Deemed Trusts For GST And HSTIn Callidus Capital Corporation v. Her Majesty the Queen, the Supreme Court of Canada overturned a troubling 2017 decision of the Federal Court of Appeal. CanadaInsolvency/Bankruptcy/Re-StructuringGowling WLG
ArticleThe Long Tail Of A Pandemic: Business Viability After The CrisisOne of the few certainties coming out of the COVID-19 pandemic is that the economic impact will be felt for a long time to come. Not just weeks and months, but likely years. CanadaInsolvency/Bankruptcy/Re-StructuringTorys
ArticleThe Sale Of Assets By A Receiver: A Cautionary TaleThe case of Canrock Ventures LLC v. Ambercore Software Inc. et al is a cautionary tale for a Receiver and its counsel alike.CanadaInsolvency/Bankruptcy/Re-StructuringAird & Berlis LLP
ArticleThink Bankruptcy Will Save You? Think Again, CounterfeitersOne of the most oft heard "defence" from a purveyor of counterfeit goods, when faced with the prospect of a significant damages award, is "I'll just go bankrupt". CanadaInsolvency/Bankruptcy/Re-StructuringNorton Rose Fulbright Canada LLP