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Court-appointed receivers, monitors and trustees in Canadian insolvency proceedings hold a unique position as officers of the court. A fundamental question arises in Alberta practice: under what circumstances may parties cross-examine these court officers on the contents of their reports? Alberta courts have established clear principles governing when such examination is permitted and the stringent requirements parties must meet to justify questioning these neutral insolvency professionals.

The "distress preferred share" (DPS) provisions in the Income Tax Act (Canada) (the Tax Act) present an opportunity to reduce financing costs for a borrower.

In June 2018, a receiver was appointed over TRP Realty.

Bill C-228 was designed to protect pension plans in the wake of insolvency proceedings in Canada.

In British Columbia, the right to sue on a debtor's failure to repay a loan is generally limited to a two year period following the date the debtor defaults on that loan, thanks to the provisions...

In the recent decision of Piekut v Canada (National Revenue), 2025 SCC 13 ("Piekut"), the Supreme Court of Canada ("SCC") considered when bankrupts are able to discharge...

During these financially uncertain times, many businesses are faced with new debt and possible insolvency or even bankruptcy.

Businesses today face a growing risk of seeing a major customer become insolvent or seek protection under the Bankruptcy and Insolvency Act (BIA) or the Companies' Creditors Arrangement Act (CCAA).

In the recent decision of Ontario Securities Commission v Go-To Developments Holdings Inc et al, 2023 ONSC 5921 ("Go-To Developments"), the Court affirmed a receiver's...

In Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. the Court was asked to determine the priority of claims in a bankruptcy between Royal Bank of Canada (the "Bank")...

In the recent unreported decision, Bank of Nova Scotia et al v. Virginia Hills Oil Corp. et al, File No. 1701-02184, the Alberta Court of Queen's Bench held that not all municipal property tax claims...

In a recent decision, the Ontario Court of Appeal approved the use of "fresh" evidence in obtaining a declaration that a judgment debt for statutory breach of trust survives bankruptcy.

The Supreme Court of Canada today released its long-awaited decision in Orphan Well Association v Grant Thornton Ltd.

In the recent decision of the Alberta Court of Appeal in Orion Industries Ltd. (Trustee of) v Neil's General Contracting Ltd.1 ("Orion Industries") the Court interpreted and applied the rule added as part of the 2009 amendments to section 95(2) of the Bankruptcy and Insolvency Act ("BIA") which deals with preferential payments.

Although the Court didn't break much new legal ground in The Bank of Nova Scotia v. Renatoneil Consultants Ltd...

On January 24, 2014, the Québec Superior Court issued a decision in the Companies’ Creditors Arrangement Act proceedings of Timminco Limited and Bécancour Silicon Inc.

Insolvency law in Canada falls within the federal domain.

As we discussed in a previous post, administrative penalties levied by securities commissions may survive a discharge in bankruptcy.