In British Columbia, commercial landlords do not have a general right to re-enter the leased premises on the tenant's default. This right must be spelled out in the commercial lease.

When a commercial tenant falls into arrears, a landlord may take steps to recover the amounts owed. However, to ensure a successful result, landlords must understand the remedies available...

The Canadian bankruptcy regime was designed with two key purposes in mind – provide options to ‘honest but unfortunate' debtors struggling with an unmanageable financial load and create an orderly means for creditors to recover amounts owed them.

Consisting of 97 apartments and 60 abandoned townhouses, the corporation owes the Canadian Mortgage and Housing Corporation (CMHC) over $4.2 million, including mortgage arrears of $300,000.

The Alberta Court of Appeal last week heard an appeal of a precedent setting decision allowing for bankrupt oil and gas companies to walk away from unproductive wells and leave the cleanup costs to the province.

When a tenant defaults on rent, one of the remedies available to commercial landlords is that of terminating the lease and re-entering to take back possession.

In some circumstances, a strata corporation may make the decision to dissolve itself. Half a year ago, the government passed a new law allowing strata corporations to terminate with less than a unanimous vote.

Most companies start out as closely-held entities, with a few principals holding all the shares and the key executive positions.

Where shareholders raise complaints about the conduct of a company's affairs, they typically face a choice of two remedies under corporate legislation: oppression proceedings or a derivative proceeding.

Beyond the entitlements set out in shareholder agreements and corporate bylaws, shareholders have certain rights spelled out in the Business Corporations Act of British Columbia (BCA).

A recent decision of the Federal Court of Appeal, Canada v. Callidus, created a surprising exception to the rule that...

In a previous post, we discussed areas of exposure and avenues for recourse for directors of insolvent companies. In this post, we look at how directors' legally prescribed duties may shift during insolvency.

When the claims against an insolvent company include environmental remediation orders, a clear question of public priorities arises.

In certain circumstances, however, there may be a way to recover an unsecured debt despite the court-ordered stay of legal proceedings.

In a bankruptcy, the bankruptcy trustee is in charge of collecting on any claims held by the bankrupt, and is also given additional powers under the Bankruptcy and Insolvency Act (BIA)...

In 2008, the federal government established the Wage Earner Protection Program. The provision was designed to protect the rights of workers whose employers have gone into bankruptcy or receivership.

A deemed trust is an arrangement whereby a business acts as a third party that holds monies on behalf of another.

While a failing business may be burdensome to its current owners, acquiring the entity or its assets can be very attractive to onlookers.

Clerical errors are an unfortunate fact of business life. When they happen, they are typically reversible, with the appropriate apologies. But when the payout of creditor claims is involved ...

The Supreme Court of British Columbia is the most recent court latest to find that a debtor's email can, in the appropriate circumstances, be sufficient to restart the two-year limitation period ...