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Article
Supreme Court Of Canada Allows Redwater Appeal: Regulator Entitled To Super-Priority For Abandonment And Reclamation Costs
A five judge majority of the Supreme Court of Canada has allowed an appeal brought by the Alberta Energy Regulator and the Orphan Well Association from the decision of the Alberta Court of Appeal ...
CanadaInsolvency/Bankruptcy/Re-Structuring
McMillan LLP
Article
The Canwest Story
While credit bidding has an established history in Canada, there is little case law on the topic. The Companies’ Creditors Arrangement Act (CCAA) proceedings of the Canwest Publishing Group (Canwest) provide the best and most recent example of the considerations in a credit bid, including the establishment of a fair process for the stakeholders.
CanadaInsolvency/Bankruptcy/Re-Structuring

Blake, Cassels & Graydon LLP

The Impact Of Amalgamation And Other Fundamental Changes On Guarantor Liability

What happens to the liabilities of an amalgamating company upon amalgamation? The general rule is clear that these liabilities continue as obligations of the newly amalgamated company.

CanadaInsolvency/Bankruptcy/Re-Structuring

The Pandemic And Municipal Insolvency: Part Two

As we promised in our first article in this series, we will now discuss the advantages available to municipalities if it is determined that they can rely upon Canada's insolvency legislation to restructure their affairs.

CanadaInsolvency/Bankruptcy/Re-Structuring

Minden Gross LLP

What To Do When Your Supplier Or Client Is Insolvent

In a changing economy, companies are constantly facing new challenges, and none are immune to insolvent suppliers or clients.

CanadaInsolvency/Bankruptcy/Re-Structuring

Wrestling With Paramountcy In Restructuring Or Insolvency

What do a car crash in Alberta, a delinquent farm mortgage in Saskatchewan and an unpaid highway toll ticket in Ontario have in common?

CanadaInsolvency/Bankruptcy/Re-Structuring

Federal Government Proposes Reforms To How Intellectual Property And Licences Are Handled During Insolvency

On October 30, 2018, the Canadian government introduced the Budget Implementation Act, 2018, No. 2 into Parliament (we'll call it the "Bill" for ease of reference).

CanadaIntellectual Property

Fraudulent Conveyances In BC: A Powerful Tool For Judgment Creditors

Obtaining judgment against a defendant does not guarantee recovery. Frequently, the greater challenge is enforcing the judgment and locating realizable assets. Accordingly, it is important for judgment creditors to be aware of the tools available to them.

CanadaLitigation, Mediation & Arbitration

Watson Goepel LLP

The Supreme Court Of Canada Rules That While BC Securities Commission Disgorgement Orders Survive Bankruptcy Discharge, Administrative Penalties Do Not

In Poonian v British Columbia (Securities Commission), 2024 SCC 28, the Supreme Court of Canada clarified which monetary sanctions ordered by the British Columbia Securities Commission...

CanadaLitigation, Mediation & Arbitration

Construction Insolvencies: Further Guidance On Construction Liens And Priming Charges For Insolvent Contractors And Their Suppliers

The Ontario Superior Court of Justice (the "Court") recently issued a decision in Waygar Capital Inc. v Quality Rugs of Canada Limited...

CanadaReal Estate and Construction

So You're Thinking Of Going Back To Work… A Legal Perspective For Leasing Professionals | Part 2

Despite government assistance to backstop some of these obligations, it may not be feasible for some tenants to continue.

CanadaReal Estate and Construction

HST Cannot Be Set Off Against Debts Owing

A recent British Columbia Court of Appeal decision confirms that businesses cannot use contractual set-off clauses to discharge HST obligations, even when underlying commercial debts are undisputed.

Millar Kreklewetz

SCC Confirms No Crown Priority For Unremitted GST/QST in a Bankruptcy

On October 30, 2009, the Supreme Court of Canada released its long-anticipated decision in Quebec (Revenue) v. Caisse populaire Desjardins de Montmagny.

Norton Rose Fulbright Canada LLP

Crypto Winter: Navigating Signs Of Financial Stress

2022 showed us that a tumultuous downturn of the digital asset industry could be an opportunity for M&A. Continued financial challenges may also mean that an insolvency process or debt restructuring...

CanadaTechnology

Borden Ladner Gervais LLP

BC Court Of Appeal Confirms Low Bar For Certification: Lessons From McKinsey & Company v British Columbia

On June 25, 2026, the British Columbia Court of Appeal released its decision in McKinsey & Company v British Columbia, dismissing McKinsey's appeal from an order certifying a class action against it as part...

CanadaCorporate/Commercial Law

Lenczner Slaght

Limited Partnership Agreements – An Overview Of Common Provisions –Part One

In our last article on limited partnerships (link here), we introduced the concept of limited partnerships as a business structure in British Columbia.

CanadaCorporate/Commercial Law

Lawson Lundell LLP

Analysis: Key Considerations When Assessing Whether A Beneficiary Of An Irrevocable Standby Letter Of Credit Is Entitled To Exercise Its Rights

In Canadian insolvency proceedings, standby letters of credit are occasionally a form of security that certain parties may hold, which can potentially give enhanced rights.

CanadaInsolvency/Bankruptcy/Re-Structuring

CCAA Court Undoes Dealership Termination in Insolvency Proceeding

In Re Bock inc., a recent case decided under the Companies' Creditors Arrangement Act ("CCAA"), the Superior Court of Quebec made an order reviving a dealership agreement that was purported to be validly terminated by the manufacturer prior to the commencement of any insolvency proceedings.

CanadaInsolvency/Bankruptcy/Re-Structuring

Good Faith Obligations Survive Bankruptcy Of The Insured

In 2009, pedestrian Barbara Lynn Carroll was injured when she was struck by a motor vehicle operated by Robert McEwen and owned by Caroline McEwen.

CanadaInsolvency/Bankruptcy/Re-Structuring

Theall Group LLP

La Cour Supérieure Autorise La Vente Des Inventaires De La Faillie Fabriqués Sous Des Marques De Commerce Appartenant À Une Tierce Partie Liée À Cette Dernière

Le 4 juillet 2005, la débitrice signe une convention de licence avec une tierce partie liée, pour lui permettre de vendre les biens sous marque de commerce détenue par cette dernière.

CanadaInsolvency/Bankruptcy/Re-Structuring

Showing 661–680 of 1892 results

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