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On May 31, 2022, amendments to Alberta's Business Corporations Act (the ABCA) (formerly Bill 84) were proclaimed into force.

The recent decision of Justice B.E. Romaine of the Alberta Court of Queen's Bench in Manitok Energy Inc (Re), 2021 ABQB 227 is another important development in the area of insolvency law following the Supreme Court of Canada's ...

A recent decision of the British Columbia Supreme Court serves as a reminder to take special care when structuring commercial transactions where the counterparty is in financial distress.

Applicants who seek ex parte relief under the Companies’ Creditors Arrangement Act (CCAA) have an obligation to make full and fair disclosure of all material facts to the court.

This bulletin is the first of a Fasken series about the recent decision of the Court of Appeal of Yukon in the ongoing receivership proceedings of Yukon Zinc Corporation ("Yukon Zinc")

Recently, in Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that while a bankrupt can be discharged from the obligation to pay administrative penalties ordered by administrative...

However, in a recent decision from the Ontario Superior Court of Justice, it was held that a debtor was permitted to sell its commercial real estate units on the eve of insolvency, despite the fact...

Timothy Dunn of Blaneys recently secured a key win for equipment lessors navigating insolvency proceedings.

In the recent decision in the CCAA Proceedings of Timminco Ltd. et al., the Ontario Court of Appeal has affirmed the CCAA Court’s jurisdiction to grant super-priority status to DIP financing charges (including over provincial deemed trusts) and, effectively, confirmed that a supervising CCAA Court has a broad discretion to do so.

The Supreme Court of Canada has recently released its highly anticipated decision in Indalex Limited.

Le Superintendant des institutions financières du Canada demande à la Cour de faire reconnaître le caractère prioritaire des cotisations spéciales.

On October 3, 2013, the Ontario Court of Appeal released two concurrent decisions addressing issues arising "from the untidy intersection" of the Companies' Creditors Arrangement Act and the powers of the Ontario Ministry of the Environment to require the remediation of contaminated real property.

When a company files for protection from its creditors, a supplier to that company who has not been paid may understandably not wish to continue to supply to the company.

On April 8, 2024, the Alberta Court of Appeal released its highly anticipated decision in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 (the "Appeal Decision").

When a company winds up, begins restructuring proceedings or goes bankrupt, a debtor or creditor may be able to cancel out the amount payable to the other party by using the remedy of "set‐off".

As Yeats said in his poem, The Second Coming: "mere anarchy is loosed upon the world". While perhaps not anarchy, certainly most insolvency practitioners ...

On 27 July 2012, Justice Morawetz of the Ontario Superior Court of Justice (Commercial List) released reasons for decision in the Sino-Forest CCAA case concerning the scope and effect of the 2009 amendments to the CCAA that subordinate "equity claims" to all other claims and provide that under a CCAA plan, no payment can be made in respect of equity claims until all other claims are paid in full.