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  • Article

    Third Party Benefit Providers Get Super Priority Secured Claim For Unpaid Remittances Owed By Employer

    In the latest decision of the British Columbia Supreme Court regarding the bankruptcy of Ted LeRoy Trucking Ltd., the Court found that unpaid remittances owed by TLT to third party benefit providers constituted "wages".
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Timothy Dunn And Stephen Skorbinski's Article "The Pandemic And Municipal Insolvency: Part One" Published In The Lawyer's Daily

    The COVID-19 pandemic has had a devastating impact on the Canadian economy. The federal deficit is projected to exceed $380 billion in the fiscal year 2020-21...
    CanadaInsolvency/Bankruptcy/Re-Structuring
Minden Gross LLP
Minden Gross LLP
  • Article

    Traditional And Untraditional Solutions To Insolvency Issues During The COVID-19 Pandemic

    Canadian businesses are facing the largest economic disruption of our times from the outbreak of the novel coronavirus and the public health measures required to contain it.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lindsay Kenney LLP
    Lindsay Kenney LLP
  • Article

    Trustee Cannot Disclaim Bankrupt Landlord's Lease

    In Aventura, His Honour noted that the Purchaser opted to play "hard ball" and sought to manipulate the powers of the Trustee to its financial advantage.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Trustee Cannot Disclaim Bankrupt Landlord's Lease

    The Tenant brought a motion under section 37 of the BIA to reverse the Trustee's decision to disclaim the Lease, which motion was allowed.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    WEPPA Amendments In Force: Some Welcome Changes

    On November 20, 2021, long-awaited amendments to the Wage Earner Protection Program ("WEPP") came into force. The amendments are a welcome change to WEPP and will close some of the remaining gaps...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Arbitration And Litigation And Bankruptcy, Oh My!

    What happens when a party who has agreed to arbitrate its dispute goes bankrupt? If the arbitration process compromises the efficiency of the receivership process, the Court...
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Article

    Class Action Waiver Unenforceable Due To Unconscionability And Public Policy

    Contractual terms that prevent a party from participating in a class action may be unenforceable for unconscionability and public policy when they preclude access to justice...
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Cost Recovery When Litigating Dishonesty

    For claims involving fraud and dishonesty, this bright line rule now creates an uneven playing field.
    CanadaLitigation, Mediation & Arbitration
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    You Won Your Case — Now What? SCC To Consider Intersection Of Judgment Enforcement And Privacy Rights

    A plaintiff wins judgment, but the defendant (judgment debtor) refuses to pay or provide information necessary for the plaintiff (judgment creditor) to realize against the debtor's assets.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Leasing Bulletin: Good News For Landlords - Letter Of Credit Draws Are Not Limited To A Landlord's Preferred Claim Under The BIA

    On October 28, 2020, the Ontario Court of Appeal released its decision in 7636156 Canada Inc. (Re), 2020 ONCA 681 ("OMERS"), on appeal from the decision...
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    What We Can Learn From The Quadriga Cryptocurrency Exchange Bankruptcy

    It was estimated that over 17,000 affected creditors were owed cash and cryptocurrency cumulatively valued at approximately $290 million Canadian dollars as of the date of bankruptcy.
    CanadaTechnology
    McKercher LLP
    McKercher LLP
  • Article

    Airline Insolvency

    In the event that the operator is in financial difficulties, a financier can take a number of steps to protect its position.
    CanadaTransport
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Director Under The Canada Business Corporations Act Updates Policy On Plans Of Arrangements: Insolvency Law Cannot Override The Corporate Law Requirements Of That Act

    Insolvency proceedings under the Companies' Creditors Arrangement Act (CCAA) are generally practical and solution-oriented. Creativity is rewarded and, if there is a conflict between insolvency law's practical focus...
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    Not Fair, Not Reasonable: Alberta Court Declines To Heal A Flawed Plan Of Arrangement

    In HEAL Global Holdings Corp (Re), Justice E.J. Sidnell declined to approve a proposed arrangement (Arrangement) because it was not fair or reasonable.
    CanadaCorporate/Commercial Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Debtor Name Changes After Receivership But Before Bankruptcy – Loss Of Priority Unless A Financing Change Statement Is Timely Filed

    The recent decision of the Ontario Superior Court of Justice in the bankruptcy of 1231640 Ontario Inc. has highlighted the importance for secured creditors to maintain the perfection of their security in the event that the name of a debtor in receivership changes prior to the appointment of a trustee in bankruptcy.
    CanadaFinance and Banking
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Are Equity Claims Always Subordinated To Non-Equity Claims In CCAA Proceedings?

    The Stanfield Mining Group of Companies (collectively, "Stanfield") carried on a mining business in British Columbia that encountered financial difficulties and entered into CCAA proceedings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Payless Canada Goes DIP-Less

    In Recent Payless Decision Ontario Court Sides with Landlords and Refuses to Grant DIP Recognition Order, showing that Recognition of US DIP Orders under the CCAA is not Automatic.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Un Équipe Internationale Conseille FTI Consulting Inc. En Sa Qualité De Contrôleur Dans Le Cadre Des Procédures En Vertu De La LACC De Sears Canada

    Il n'y a pas si longtemps, Sears Canada était l'un des plus importants et des plus grands détaillants au Canada.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Alberta Is Open For Corporate Reorganizations

    As discussed in our previous insight, Additional Changes to Alberta's Business Corporations Act Now in Effect, several changes to the Business Corporations Act...
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Showing 601–620 of 1892 results

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