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Article
Supreme Court Of Canada Affirms Federal Paramountcy In Insolvency But Leaves Uncertainty For The Credit Community Regarding Provincial Statutory Deemed Trusts
The Supreme Court of Canada has recently released its highly anticipated decision in Indalex Limited.
CanadaInsolvency/Bankruptcy/Re-Structuring
Osler, Hoskin & Harcourt LLP
Article
Taxing Matters: Ontario Court Declines Distribution Exemption For Monitor
On a motion to approve a distribution order in Re: 1000156489 Ontario Inc., the Ontario Superior Court of Justice declined to exempt the Monitor from the provisions of certain tax legislation regarding the tax and withholding obligations of taxpayers' representatives on distributions.
CanadaInsolvency/Bankruptcy/Re-Structuring

Fasken

The Cautious Embrace Of RVOs: What Courts Now Expect

Reverse vesting orders ("RVOs") have evolved from a creative restructuring tool used sparingly under the Companies' Creditors Arrangement Act ("CCAA") into a flexible instrument...

CanadaInsolvency/Bankruptcy/Re-Structuring

The Guarantee Company Of North America v. Royal Bank Of Canada (Aka A-1 Asphalt) – Return (Or Revenge?) Of The Statutory Lien Trust

The Court of Appeal's decision firmly establishes that these trusts can be effective after bankruptcy.

CanadaInsolvency/Bankruptcy/Re-Structuring

Goldman Sloan Nash & Haber LLP

The Powerful Protections Of The Ontario Repair And Storage Liens Act

An equipment finance company finances the purchase of a truck and registers a purchase-money security interest (a "PMSI") pursuant to the Personal Property Security Act (Ontario) (the "PPSA") to protect its interest.

CanadaInsolvency/Bankruptcy/Re-Structuring

Aird & Berlis LLP

The Pre-Filing Sales Process In CCAA Proceedings

In a previous post we discussed how the Court of Queen's Bench of Alberta recently authorized a sale transaction after being satisfied with the appropriateness of a sales process...

CanadaInsolvency/Bankruptcy/Re-Structuring

McCarthy Tétrault

WEPP Relief Available In RVO Context, Commercial List Finds For The First Time In Ontario

In 1001270243 Ontario Inc. (formerly Synaptive Medical Inc.), 2026 ONSC 3967, the Ontario Superior Court of Justice (Commercial List) ruled that terminated employees can access Wage Earner Protection Program (WEPP)...

CanadaInsolvency/Bankruptcy/Re-Structuring

Business Disputes – Debt Collection

Before suing, you should consider the amount owing.

CanadaLitigation, Mediation & Arbitration

Alexander Holburn Beaudin + Lang LLP

Defendants Who Denied Making Impugned Defamatory Expressions Unable To Utilize Anti-SLAPP Law

Anti-SLAPP legislation in British Columbia and Ontario is producing interesting decisions and requiring courts to continue to consider the scope of the legislation.

CanadaLitigation, Mediation & Arbitration

Gardiner Roberts LLP

Is A Receiver Bound By An Arbitration Agreement?

On June 10, 2021, the Supreme Court of Canada (SCC) granted leave to appeal the decision of the British Columbia Court of Appeal in Petrowest Corporation v Peace River Hydro Partners, 2020 BCCA 339. The

CanadaLitigation, Mediation & Arbitration

Borden Ladner Gervais LLP

Re MtGox: Using The BIA To Recognize Foreign Insolvency Proceedings

In a recent decision, the Ontario Superior Court clarified the test by which Ontario courts will recognize foreign bankruptcy proceedings.

CanadaLitigation, Mediation & Arbitration

Substantive Consolidation Of Solvent Entities? The Manitoba Court Of Appeal Weighs In

In Canada, there is a relative paucity of case law – especially from appellate courts – on substantive consolidation, which is the treatment of multiple debtor companies as a single entity...

CanadaLitigation, Mediation & Arbitration

McCarthy Tétrault

Supreme Court May Consider Enforceability Of Liquidated Damages

On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32

CanadaLitigation, Mediation & Arbitration

Bennett Jones LLP

2016 Legal Trends

While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.

Blake, Cassels & Graydon LLP

Property Leasing - Recent Developments Of Importance

On October 28, 2020, the Ontario Court of Appeal released its decision in 7636156 Canada Inc. (Re), 2020 ONCA 681 ("OMERS"), on appeal from the decision of the Ontario Superior Court of...

CanadaReal Estate and Construction

Minden Gross LLP

Court Of Appeal Validates Statutory Trust Created By Construction Act Despite Bankruptcy

On January 14, 2019, the Ontario Court of Appeal released its decision in The Guarantee Company of Canada v Royal Bank of Canada. The decision turned on the question of whether the statutory

CanadaReal Estate and Construction

Recent Case: Rights Of A Commercial Landlord As A Creditor In Bankruptcy Of Tenant

On April 27, 2020, the Ontario Court of Appeal released its decision in Curriculum Services Canada/Services Des Programmes D'Etudes Canada (Re), 2020 ONCA 267 ("Curriculum").

CanadaReal Estate and Construction

Minden Gross LLP

GST/QST - A Tax Debtor's Bankruptcy Or Arrangement Does Not Extinguish The Obligation To Obtain A Clearance Certificate From A Tax Authority

The Supreme Court of Canada dismissed a taxpayer's application for leave to appeal in the matter of Rita Congiu et autre c. Agence du revenu du Québec et autre.

Stikeman Elliott LLP

How Secure Is A Lender's Secured Interest?

Consider a scenario where a lender provides a borrower with a loan and secures that loan against the borrower's home.

The SCC In Redwater Confirms The Oil And Gas Industry Status Quo: Bankruptcy Is Not A Licence To Disregard Environmental Rules

The SCC in Redwater Confirms the Oil and Gas Industry Status Quo: Bankruptcy is Not a Licence to Disregard Environmental Rules

CanadaWealth Management

Lawson Lundell LLP

Showing 841–860 of 1892 results

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