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  • Article

    SCC Affirms Duty Of Care But Reduces Auditor's Damages In Livent Decision

    On December 20, 2017, the Supreme Court of Canada (SCC) released its long-awaited decision in Deloitte & Touche v. Livent Inc. (Receiver of) (Livent) ...
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Top Court Denies Leave To Appeal In Contested Application For A Reverse Vesting Order In Nemaska Restructuring Proceedings

    The Supreme Court of Canada (SCC) has denied leave to appeal in the proceedings of Nemaska Lithium Inc. and its subsidiaries (collectively, Nemaska) under the Companies' Creditors Arrangement Act...
    CanadaLitigation, Mediation & Arbitration
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
  • Article

    Bruce Reynolds: The OBA Award Of Excellence

    On September 14 at a gala dinner held in his honour, Singleton Urquhart Reynolds Vogel Co-Managing Partner, Bruce Reynolds, received the 2023 Ontario Bar Association Construction & Infrastructure...
    CanadaReal Estate and Construction
    Singleton Urquhart Reynolds Vogel LLP
    Singleton Urquhart Reynolds Vogel LLP
  • Article

    Builders' Lien Act Trust Survives Challenge

    The Alberta Court of Appeal released its much anticipated decision addressing the interaction between the trust provisions of the Builders' Lien Act and the Bankruptcy and Insolvency Act in Iona Contractors Ltd. v Guarantee Company of North America, 2015 ABCA 240 on July 16, 2015.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The CCAA’s "Administration Charge": A Super Priority That Can Trump A Ship Mortgage

    The Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended ("CCAA") permits a court having jurisdiction over proceedings for the restructuring of an insolvent company to make certain orders, to secure payment of the fees of certain officials involved in those proceedings, including the Monitor of the insolvent company appointed for the restructuring proceeding.
    CanadaTransport
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Priority Over Produce: Canada’s New Deemed Trust For Fresh Fruit And Vegetable Suppliers Cuts Into Secured Creditor Collateral

    Canada's new Financial Protection for Fresh Fruit and Vegetable Farmers Act creates a deemed trust that prioritizes unpaid produce suppliers over secured lenders in bankruptcy and insolvency proceedings. How will this legislative change reshape lending practices and collateral valuations in the agricultural sector, and what steps should secured creditors take to protect their interests?
    GlobalInsolvency/Bankruptcy/Re-Structuring
    McMillan LLP
    McMillan LLP
  • Article

    Alberta Court Of Appeal Clarifies Application Of Redwater To Oil And Gas Assets

    The Alberta Court of Appeal released its decision in Manitok Energy Inc (Re), in which the Court clarified how the principles in Redwater ought to be applied to insolvent oil and gas producers.
    CanadaEnergy and Natural Resources
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Redwater Decision: The Alberta Energy Regulator - Trumped By Federal Bankruptcy Law

    Federal Bankruptcy laws prevail to the extent of a conflict with otherwise valid provincial law. Receivers may renounce uneconomic assets.
    CanadaEnergy and Natural Resources
    Field Law
    Field Law
  • Article

    Alberta Clarifies Status of Linear Property Tax Claims Under Bankruptcy and Insolvency Act

    •The Court of Queen's Bench held that the Municipal Government Act, RSA 2000, c M-26 (MGA), which grants municipalities the power to levy linear property taxes in Alberta, may provide a special lien for tax arrears for taxes relating to a parcel of land.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Torys
    Torys
  • Article

    Canada’s Cinram Manufacturing Files In CCAA

    Cinram International Income Fund has sought and obtained protection under the "Companies' Creditors Arrangement Act" (CCAA).
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cassels
    Cassels
  • Article

    La Cour D’appel Décide Que Lorsqu’elle Est Une Créancière Ordinaire, l’Agence Du Revenu Du Canada Est Soumise À L’application Des Articles 69.3 Et 69.4 De La Loi Sur La Faillite Et L’insolvabilité, Et Elle Ne Peut Émettre Un Avis De Cotisation Sans

    Un avis de cotisation de l’Agence du revenu du Canada constitue une mesure de recouvrement prouvable au sens de l’article 69.3 de la Loi sur la faillite et l’insolvabilité.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Miller Thomson
    Miller Thomson
  • Article

    Supreme Court Of Canada Clarifies Application Of Arbitration Clauses In Insolvency

    In the recent case of Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 (Peace River), the Supreme Court of Canada (the SCC) clarified the circumstances...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Licensing Intellectual Property In Bankruptcy – The Changing Landscape In Canada

    The technology explosion, the dot-com boom and its subsequent demise, and the continuing expansion of the North American economy – the constant thread through the last two decades has been the ever-increasing reliance by almost all businesses and industries on licensing intellectual property, technology and other forms of intangibles for one purpose or another. This is so even though reliance on technology licensing is not new – as early as 1996, North American corporations earned over $66 billi
    CanadaIntellectual Property
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Creditor Claims Against Corporations and Directors: Canada’s Supreme Court Highlights Importance of the Oppression Remedy

    It is likely that the Court’s decision will lead to greater use of the oppression remedy by creditors of companies in financial difficulties.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Distressed M&A In Canada – Top 10 Things A Buyer Needs To Know

    In the wake of the economic stress created by COVID-19, we have seen increased opportunities for buyers looking to acquire distressed companies and assets in Canada.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Recent Developments In Director And Officer Liability

    Below, we discuss three recent topics of which directors should be aware pertaining to their potential for liability: (i) the Fighting Against Forced Labour and Child Labour in Supply Chains Act...
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    No Need For Bankrupt Company To Recognize Pension Plan Priority

    In its recent decision in Ivaco Inc., Re [2006] O.J. No. 4152, the Ontario Court of Appeal dealt with the challenging interplay between pension law and insolvency law. The decision deals with a restructuring in which one of the dominant issues is the treatment of a debtor’s unfunded pension liabilities.
    CanadaEmployment and HR
    Torys
    Torys
  • Article

    Re Northern Sawmills Inc. – Court Considers Post-Indalex Pension Claims In Receivership

    In the fall of 2008, Northern Sawmills Inc. idled its operations and laid off most of its employees.
    CanadaEmployment and HR
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    All's "Well" That Ends "Well"

    On January 31, 2019, the Supreme Court of Canada (the "SCC") rendered its decision in Orphan Well Association v. Grant Thornton Ltd. (the "Decision").
    CanadaEnergy and Natural Resources
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Working Interest Participant Obligations Under The AER' Reasonable Care And Measures Orders

    Nearly a year ago, the Government of Alberta announced its new Liability Management Plan. Through this plan, the Alberta Government provided the Alberta Energy Regulator (AER) ...
    CanadaEnergy and Natural Resources
    Bennett Jones LLP
    Bennett Jones LLP
  • Showing 801–820 of 1892 results

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