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Gehlen Dabbs
 
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Canada
By Gehlen Dabbs
A recent decision of the Federal Court of Appeal, Canada v. Callidus, created a surprising exception to the rule that...
By Gehlen Dabbs
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 ...
By Gehlen Dabbs
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 ...
By Gehlen Dabbs
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.
By Gehlen Dabbs
In certain circumstances, however, there may be a way to recover an unsecured debt despite the court-ordered stay of legal proceedings.
By Gehlen Dabbs
An individual may become insolvent for a variety of reasons. For many people, it may be a matter of over use of credit cards or other credit facilities.
By Gehlen Dabbs
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).
By Gehlen Dabbs
When a company's decisions are unfair or prejudicial to certain shareholders, those shareholders may be able to get relief by using the "oppression" remedies available under the British Columbia Business Corporations Act.
By Gehlen Dabbs
When the claims against an insolvent company include environmental remediation orders, a clear question of public priorities arises.
By Gehlen Dabbs
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.
By Gehlen Dabbs
When a debtor is insolvent, recovery by a creditor will generally depend on the creditor's ranking.
By Gehlen Dabbs
The fruits of a business owner's lifetime of hard work can vanish almost instantly with the insolvency of a company.
By Gehlen Dabbs
Most companies start out as closely-held entities, with a few principals holding all the shares and the key executive positions.
By Gehlen Dabbs
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)...
By Gehlen Dabbs
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.