Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Aird & Berlis LLP
In a January 31, 2018 decision from the bench in the matter of Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. (Court File No. CV-14-10784-00CL) ("A-1 Asphalt") ...
Miller Thomson LLP
L'immeuble acquis en 2000 au coût de 450 000 $ est grevé d'une hypothèque de premier rang de 350 000 $ en faveur de la banque CIBC.
McCarthy Tétrault LLP
2017 saw a number of interesting and important developments in Canadian insolvency and restructuring matters.
Miller Thomson LLP
In a previous Communique post entitled Things You May Not Know About the Farm Debt Mediation Act...
Borden Ladner Gervais LLP
Northern Transportation Company Limited was a marine shipping and transportation company.
Gardiner Roberts LLP
Deciding not to advance any more money and shifting a debtor's account into the euphemistic and scary world of the bank's "Special Credit" department isn't a breach of a bank's credit arrangements.
McCarthy Tétrault LLP
Joint venture partners commonly enter into operating agreements which grant operators a security interest, referred to as an operator's lien.
Gehlen Dabbs
A recent decision of the Federal Court of Appeal, Canada v. Callidus, created a surprising exception to the rule that...
Cassels Brock
Cassels Brock developed this Lessons Learned series based on our experience with priority disputes between secured creditors and the realization that many secured parties make fundamental errors of law that cause them to lose priority in their collateral.
Blake, Cassels & Graydon LLP
In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings.
Borden Ladner Gervais LLP
Ms. Zuk provided a personal guarantee for the business her husband founded. Ms. Zuk was also an accountant, and was Silverado's sometime bookkeeper and shareholder prior to her divorce...
Borden Ladner Gervais LLP
In fact, unlike Chapter 11 of the US Bankruptcy Code, in Canada, the CCAA does not provide for the appointment of creditors' committees representing their interest during the proceedings.
Willms & Shier Environmental Lawyers LLP
The Supreme Court of Canada (SCC) granted leave to hear the appeal of Orphan Well Association v Grant Thornton Limited.
Gowling WLG
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
Torkin Manes LLP
The recent Canadian Federal Court of Appeal case of Her Majesty the Queen v. Callidus Capital (2017) FCA 162 may signal the end of an important assumption made by many, if not most, ...
Edwards, Kenny & Bray LLP
In British Columbia, the right to sue on a debtor's failure to repay a loan is generally limited to a two year period following the date the debtor defaults on that loan, thanks to the provisions...
Cox & Palmer
Following eight years of protracted and acrimonious child custody litigation, the father of the children in question was awarded $200,000 in costs against their mother, who subsequently declared bankruptcy ...
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 ...
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 ...
McMillan LLP
In a recent split decision in The Queen v. Callidus Capital Corporation, the Federal Court of Appeal decided that proceeds of sale of a debtor's assets paid to a secured creditor prior to a debtor's bankruptcy....
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Borden Ladner Gervais LLP
In 2017, Canadian courts released an unusually large number of decisions affecting the energy industry directly.
McCarthy Tétrault LLP
2017 saw a number of interesting and important developments in Canadian insolvency and restructuring matters.
Blaney McMurtry LLP
The appellants, Shirley and Roland Houle, appealed from the order of Justice Paul Perrell of the Superior Court of Justice dated August 29, 2017.
Aird & Berlis LLP
Until a court orders otherwise, a monitor appointed under the Companies' Creditors Arrangement Act1 is a neutral party and may not take sides in favour of one stakeholder over another.
Miller Thomson LLP
In a previous Communique post entitled Things You May Not Know About the Farm Debt Mediation Act...
Miller Thomson LLP
L'immeuble acquis en 2000 au coût de 450 000 $ est grevé d'une hypothèque de premier rang de 350 000 $ en faveur de la banque CIBC.
Langlois lawyers, LLP
When negotiating a commercial lease, it is in the landlord's best interest to require that securities be provided by the prospective tenant in order to protect the landlord ...
Blaney McMurtry LLP
This was a busy week for the Court of Appeal. Topics covered included family law, wrongful dismissal, wills and estates, insurance coverage, tort liability of employees, workplace safety, police liability, ...
Borden Ladner Gervais LLP
Northern Transportation Company Limited was a marine shipping and transportation company.
Blaney McMurtry LLP
Below are this week's summaries of the civil decisions of the Court of Appeal. While there were several civil decisions released by the Court of Appeal this week, they were, for the most part, procedural in nature.
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