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The Ontario Superior Court of Justice has reinforced the single proceeding model in insolvency matters, determining that court-appointed receivers can pursue claims agains...

Last year, we published an article discussing a major impediment that creditors face when attempting to enforce their judgments through the sale of a debtor's real property

In PricewaterhouseCoopers Inc v 1905393 Alberta Ltd, 2019 ABCA 433, the Alberta Court of Appeal recently clarified the test that a receiver must satisfy when seeking approval of a sale of assets.

The estates had significant abandonment and reclamation obligations.

Insolvency, restructurings, and proposals create tidal waves of uncertainty for the numerous parties implicated in the proceedings.

The recent decision in Ford Credit Canada Ltd. v. Welcome Ford Sales Ltd. may have significant implications for franchisors whose franchisees become insolvent.

On March 30, 2021, the Supreme Court of British Columbia (the Court) made an initial order under the Companies Creditors Arrangement Act (the CCAA) in respect of EncoreFX Inc.

Many litigators and corporate lawyers view the practice of representing a large shareholder and the company in which it is invested as common practice.

The Supreme Court of Canada (the SCC) has overturned the decision rendered by a majority of the Federal Court of Appeal (the FCA) in Callidus Capital Corporation v Her Majesty the Queen.

On Sept. 13, 2022, the Supreme Court of British Columbia released Justice Fitzpatrick's reasons in Freshlocal Solutions Inc. (Re), 2022 BCSC 1616, ...

Flexibility and creativity have long been regarded as hallmarks of Canada's main corporate restructuring statute, the Companies' Creditors Arrangement Act (the "CCAA").

Bankruptcy and insolvency professionals should take note of two recent Ontario Superior Court decisions that put professional fees in the spotlight.

The Court of King's Bench of Alberta denied receivership applications in a dispute involving two groups of related entities, distinguishing the Supreme Court's decision in Petrowest and concluding that arbitration was the more appropriate forum.

Employee terminations and downsizing are features of most restructurings. While employees can typically assert a claim in the insolvency process, parallel claims and complaints...

In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies’ Creditors Arrangement Act (“CCAA”) brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim’s bar date, but before the date set for the monitor to complete its assessment of claims.

Chief Justice Strathy of the Ontario Court of Appeal explained that the Bankruptcy and Insolvency Act does not provide a bankrupt with a right to appeal an order lifting a stay of proceedings against him.

In Boughner v Greyhawk Equity Partners Ltd.,1 the Ontario Superior Court of Justice recently clarified the preferable method for distributing money out of a fund comprised of comingled cash contributed by many innocent investors who were victims of a fraudulent investment scheme.

On Friday, August 7, 2015, the Ontario Court of Appeal released its much-anticipated decision in Grant Forest Products Inc. v. The Toronto-Dominion Bank.