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  • Article

    Asset Sales In The CCAA

    Nortel Networks ("Nortel") brought a motion seeking approval of the sale of various Nortel assets to Nokia Siemens ("Asset Sale Agreement"), and for approval of a Sale Agreement and Bidding Procedures, advanced by Nortel for the purpose of conducting a "stalking horse" bidding process in respect of its Code Division Multiple Access ("CDMA") and Long-Term Evolution Access ("LTE") assets.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Bankruptcy And Creditors' Rights

    Subject to the provisions of the Bankruptcy and Insolvency Act (BIA), one or more unsecured creditors of a debtor may apply to the court for a bankruptcy order in respect of the debtor.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gehlen Dabbs
    Gehlen Dabbs
Article

Bankruptcy Doesn't Invalidate Existing Contracts, BCSC Rules

Just because a company has gone bankrupt doesn't mean its contracts are unenforceable, the Supreme Court of British Columbia has confirmed.
CanadaInsolvency/Bankruptcy/Re-Structuring
MLT Aikins LLP
MLT Aikins LLP
  • Article

    Beyond Borders And Solvency: How Far Can The CCAA Go To Protect Investors?

    The Alberta Court of Appeal examines whether equity investors can initiate CCAA proceedings against foreign entities without Canadian assets, and whether such proceedings can encompass solvent companies.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Langlois Avocats
    Langlois Avocats
  • Article

    Blood From A Stone: Costs Awards Against Bankrupts Under The Bankruptcy And Insolvency Act

    There is a certain irony in awarding costs against a bankrupt. After all, the defining feature of bankruptcy is that the debtor is, by definition, insolvent.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Changes To The Treatment Of Intellectual Property In Insolvency Proceedings

    On October 29, 2018, the Government of Canada introduced Bill C-861 (Bill C-86), which, among other things, would amend the Bankruptcy and Insolvency Act2 (the BIA) and the Companies Creditors'
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cassels
    Cassels
  • Article

    Court Confirms Jurisdiction To Grant Liability Shields For Court Officers For Distributions

    In One Bloor West Toronto Group (The One) Inc. (Re), 2026 ONSC 1854 (“One Bloor West”) the Ontario Superior Court of Justice helpfully confirmed the jurisdictional basis for...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    End Of Debate: GST/HST Deemed Trusts Ruled Ineffective Against Secured Creditors Post Bankruptcy

    On November 8, 2018, the Supreme Court of Canada ("SCC") reversed the Federal Court of Appeal decision in Callidus Capital Corporation v. Canada, 2018 SCC 47.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    I Do (Not) Declare: Ontario Court Of Appeal Refuses To Grant Declaratory Relief To Extinguish Insolvency Claims

    Insolvency legislation is full of trade-offs—chief among them is expediency versus fairness. On the one hand, insolvencies are often urgent matters with the fate of the debtor's business...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Torys
    Torys
  • Article

    Independent Obligations Endure: CCAA Releases Don’t Extinguish Surety Indemnity Claims

    The Supreme Court of Newfoundland and Labrador examined whether releases granted in CCAA proceedings automatically extinguish personal indemnity obligations, addressing the scope of director and officer releases in insolvency restructurings.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Video

    Influencers In Toronto: Spotlight On David Cohen (Video)

    In this series, you will meet a number of practitioners in our Toronto office who have helped their clients overcome a variety of complex legal obstacles.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gowling WLG
    Gowling WLG
  • Article

    La Subrogation Dans Une Charge Prioritaire Ne Peut S'accomplir Sans L'autorisation Du Tribunal, Mais L'autorisation D'en Appeler Est Accordée

    Le 28 août 2014, le Contrôleur met fin au mandat de ACG après avoir constaté que cette dernière n'avait alors avancé que la somme initiale de 371 000 $.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Miller Thomson
    Miller Thomson
  • Article

    New Rules For Asset Sales By Insolvent Producers (At Least For Now)

    In Alberta, regulations have historically prohibited purchasers of oil and gas assets from cherry picking operating interests in economic properties while leaving behind interests in uneconomic wells.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    McMillan LLP
    McMillan LLP
  • Article

    Not Every Vote Matters: Non-Arm's Length Parties During Proposals Under The Bankruptcy And Insolvency Act

    FT ENE Canada Inc. ("FECI") was in the nanofibre business, and was a wholly owned subsidiary of Finetex ENE Inc. ("Finetex"). As a result of insolvency difficulties separate
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Pick Of The Patch: Sage Advice About Super Priorities For Fresh Produce Suppliers

    Did you know that blueberries were Canada's top fruit export in 2023?[1] Canada produces a wide array of fresh fruit and vegetable produce, with farm gate values of $1.34 billion...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Re Air Canada — Creditors Have The Right to Legal Set-Off Under The Companies’ Creditors Arrangement Act

    Justice Farley of the Ontario Superior Court of Justice, Commercial List, (the "court") held that creditors are entitled to legally setoff post-filing claims against pre-filing claims in the context of a proceeding under the 'Companies Creditors Arrangement Act' ("CCAA").
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Torys
    Torys
  • Article

    Re Norcon Marine Services Ltd.: Court-appointed vs. Private-Appointed Receivers

    On December 30, 2019 the Supreme Court of Newfoundland and Labrador (the "NLSC") released its decision in Re Norcon Marine Services Ltd. ("Norcon") dismissing both an application by a debtor, Norcon Marine Services Ltd., for creditor ...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Cox & Palmer
    Cox & Palmer
  • Article

    Redwater Overturned By Supreme Court Of Canada: A Provincial Regulator May Insist On The Satisfaction Of Environmental Liabilities In An Insolvency

    In a 5:2 decision issued earlier today, the Supreme Court of Canada overturned the Alberta Court of Appeal's decision in Orphan Well Association v Grant Thornton Ltd. (also known as Redwater).
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Rights Of Trustees In Bankruptcy And Secured Creditors To Licenses Held By A Debtor

    The Supreme Court of Canada recently released its decision in “Saulnier v. Royal Bank of Canada” ("Saulnier"), an important case involving fishing licences in the context of a secured lending transaction and an assignment in bankruptcy.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    SCC Confirms Application Of Anti-deprivation Rule

    In Chandos Construction Ltd. v Deloitte Restructuring Inc., the Supreme Court of Canada confirmed the application of the common law anti-deprivation rule in the context of a Bankruptcy and Insolvency Act (BIA) proceeding.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
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