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The Court of Queen’s Bench of Alberta held that the trust created by section 22 of the Builders’ Lien Act is not effective in the bankruptcy of a would-be trustee debtor.

A ruling on April 7, 2011 by the Ontario Court of Appeal has resulted in deemed trust and unsecured breach of fiduciary duty claims in favour of pension beneficiaries being given priority ahead of court-ordered "super-priority" charges.

When a Canadian corporation becomes insolvent and can no longer meet its obligations, the natural result is that the creditors come knocking. When this scenario arises, creditors and corporations...

On April 2, 2015, Justice C.M. Jones rejected Connacher's restructuring proposal for the reasons set out below.

In Chandos Construction Ltd v Deloitte Restructuring Inc., 2020 SCC 25, the Supreme Court of Canada affirmed the common law anti-deprivation rule.

On November 10, 2022, the Supreme Court of Canada (SCC) released its much awaited decision in Peace River Hydro Partners v. Petrowest Corp. (Petrowest).

In 2005, Parliament passed a comprehensive package of reforms to Canadian insolvency and restructuring laws.

In its decision in Arrangement relatif à Métaux Kitco inc. 2017 QCCA 268, rendered on February 20th, the Quebec Court of Appeal upheld a Quebec Superior Court decision prohibiting Revenu Québec...

In an insolvency, the three heads of set-off (contractual, legal and equitable) each represent a powerful means of effectively jumping the queue and circumventing the ordinary priority scheme...

In the much anticipated decision, Orphan Well Association et al. v. Grant Thornton Limited et al.1, (Redwater), the Supreme Court of Canada (SCC)

Amendments to Canada's bankruptcy and insolvency legislation are another step closer to taking effect with the passage, in December 2007, of Bill C-12, "An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005".

In Rallysport Direct LLC v 2424508 Ontario Ltd, 2020 FC 794, the Canadian Federal Court awarded $357,500 in statutory damages and $50,000 in punitive damages for infringement ...

Commercial List proceedings, including receivership proceedings and those under the CCAA or BIA, often involve many parties and require counsel to balance the Court’s expectations...

Last November, the Canadian Parliament adopted Bill C-55 entitled an Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act and to make consequential amendments to other Acts, which then became Chapter 47 of the 2005 statutes (hereinafter "Act 47").

The Ontario Court of Appeal (OCA) has closed the door on the application of equitable subordination in Companies' Creditors Arrangement Act (CCAA) proceedings.

On May 3, 2016, the Court of Appeal for Ontario released its decision denying leave to appeal from Justice Newbould's allocation of the proceeds of sale of the remains of the Nortel Networks group of companies.

The key decision of the week was Reference re Greenhouse Gas Pollution Pricing Act, in which the Court found the Greenhouse Gas Pollution Pricing Act (the "Act") to be constitutional