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On November 1, 2019, certain amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA) will come into force and have potentially far-reaching

Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Pension Benefits Standards Act, 1985, or the Pension Protection Act (PPA)...

The BIA and the CCAA have been amended to provide greater protection to IP licensees in the event that an IP licensor becomes insolvent. These important amendments come into force on November 1, 2019.

A Quebec Superior Court ruling examines whether a tenant's right of first refusal published in the Land Register can prevent a court-appointed receiver from selling property under the Bankruptcy and Insolvency Act. The decision clarifies the distinction between personal contractual rights and real property rights in insolvency proceedings, with important implications for rights holders who rely on published lease agreements.

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

In the current economic context, some businesses are facing an increasingly significant risk, namely the insolvency of a key client.

In a recent decision, the Ontario Superior Court of Justice reinforced that courts will uphold a debtor's consent to a receivership when it forms...

On February 20, 2025, the Alberta Court of Appeal released its decision in Henenghaixin Corp v. Long Run Exploration Ltd, dismissing an application for leave to appeal a decision...

The BC Court of Appeal has ruled that equitable principles cannot be used to avoid the priority scheme contained in the PPSA.

The Ontario Superior Court of Justice has recently re-confirmed that a debtor subject to proceedings under the Companies' Creditors Arrangement Act (the "CCAA") may be authorized to pay pre-filing obligations owed to a critical supplier.

While the board of directors of a corporation governed by the OBCA has the power to declare dividends, its authority to declare and pay cash dividends is subject to compliance with two statutory solvency tests.

In Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67, the Supreme Court of Canada was called upon to consider whether orders issued by a regulatory body with respect to environmental remediation work are "provable claims" in a proceeding commenced under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c.C-36 (the "CCAA").

In the matter of the Companies' Creditors Arrangement Act (the "CCAA") of Bloom Lake, the Superior Court of Québec rendered a judgment regarding the expansion of the powers of the monitor in a context where a creditor refused to produce documentation requested by the debtors.

The Ontario Superior Court has found that a successful restructuring under the CCAA was ground upon which the debtor’s bankruptcy could be annulled.

As Canada's cannabis industry enters a new phase of maturity, business leaders are confronting some hard truths. Profitability is elusive, competition is intensifying...

2019 was a busy year for corporate restructuring practitioners in Canada. The year saw an uptick in CCAA filings nationwide, with 38 total proceedings

Business owners can run into difficulties trying to sustain operations while dealing with the various demands from their banker, employees, suppliers, government regulators and most importantly, customers.

Partner Virginie Gauthier joined Gowling WLG with more than two decades of experience in bankruptcy, insolvency and reorganization.