Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Bentham IMF Capital Limited
A recent article in the Law Times provides a timely update to the Canadian bar on the demonstrable benefits of litigation funding.
Borden Ladner Gervais LLP
The Québec Superior Court recently rendered a judgment (Francis v. Adobe 2018 QCCS 2547) confirming that a bankrupt's debt may be declared non-releasable by a discharge order pursuant to section 178
McCarthy Tétrault LLP
In Dundee Oil and Gas Limited (Re), 2018 ONSC 3678, Justice Dunphy provided some important guidance on information that should be provided to the court in support of a motion...
Gowling WLG
In an insolvency, the three heads of set-off (contractual, legal and equitable) each represent a powerful means of effectively jumping the queue and circumventing the ordinary priority scheme...
Papazian | Heisey | Myers
This is the first in a series of articles examining the Transfer at Undervalue provisions set out in section 96 of the Bankruptcy and Insolvency Act (which I'll refer to in these articles as the "BIA").
Papazian | Heisey | Myers
This is the second in a series of articles examining the Transfer at Undervalue provisions set out in section 96 of the Bankruptcy and Insolvency Act (which I'll refer to in these articles as the "BIA"). This article will examine the purpose of section 96 within the context of the BIA.
McCarthy Tétrault LLP
On November 2, 2017, the Reid-Built group of companies were placed into receivership by the entry of a consent receivership order based on the Alberta Template Receivership Order.
Borden Ladner Gervais LLP
The plaintiffs in the underlying action, Art and Wendy Douglas, owned property in Kingston where there was an oil leak in January of 2008.
Borden Ladner Gervais LLP
On March 22, 2018, the Supreme Court of Canada granted leave to appeal in Canada v Callidus Capital Corporation1 ("Callidus"), meaning the extent of the post-bankruptcy superpriority ...
Borden Ladner Gervais LLP
In Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. the Court was asked to determine the priority of claims in a bankruptcy between Royal Bank of Canada (the "Bank")...
Samis + Company
Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings.
Osler, Hoskin & Harcourt LLP
On February 21, 2018, the Alberta Court of Queen's Bench released its decision in Firenze Energy Ltd. v. Scollard Energy Ltd., 2018 ABQB 126 (Scollard).
Blake, Cassels & Graydon LLP
The Receiver and its appointing creditor opposed the Creditor Applications.
McCarthy Tétrault LLP
The background facts are relatively straightforward.
Borden Ladner Gervais LLP
Urbancorp Inc., a large real estate development company involved in various projects in the Greater Toronto Area, became subject to proceedings under the Companies' Creditors...
Blake, Cassels & Graydon LLP
This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective...
Lawson Lundell LLP
The British Columbia Court of Appeal (BCCA) recently released its first decision considering the application of BC's new limitations statute in the context of security enforcement ...
McCarthy Tétrault LLP
We previously published Part 1 of our survey of interesting and important developments in Canadian insolvency and restructuring matters in 2017.
Aird & Berlis LLP
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.
Aird & Berlis LLP
Encrypted digital currencies ("cryptocurrencies"), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny.
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Lawson Lundell LLP
For claims involving fraud and dishonesty, this bright line rule now creates an uneven playing field.
Borden Ladner Gervais LLP
The Québec Superior Court recently rendered a judgment (Francis v. Adobe 2018 QCCS 2547) confirming that a bankrupt's debt may be declared non-releasable by a discharge order pursuant to section 178
Miller Thomson LLP
Le 11 décembre 2012, Groupe Arsenault inc. («Groupe Arsenault») et 9089-1557 Québec inc. concluent une convention de crédit avec Callidus Capital Corporation («Callidus») aux termes de laquelle...
Gowling WLG
In an insolvency, the three heads of set-off (contractual, legal and equitable) each represent a powerful means of effectively jumping the queue and circumventing the ordinary priority scheme...
McCarthy Tétrault LLP
In Dundee Oil and Gas Limited (Re), 2018 ONSC 3678, Justice Dunphy provided some important guidance on information that should be provided to the court in support of a motion...
Blaney McMurtry LLP
The following are our summaries of this week's civil decisions of the Ontario Court of Appeal
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, ...
Blaney McMurtry LLP
In a case that has received much media and judicial attention, Yaiguaje v Chevron Corporation, it appears that the Court has finally put an end to the matter.
Papazian | Heisey | Myers
This is the first in a series of articles examining the Transfer at Undervalue provisions set out in section 96 of the Bankruptcy and Insolvency Act (which I'll refer to in these articles as the "BIA").
Papazian | Heisey | Myers
This is the second in a series of articles examining the Transfer at Undervalue provisions set out in section 96 of the Bankruptcy and Insolvency Act (which I'll refer to in these articles as the "BIA"). This article will examine the purpose of section 96 within the context of the BIA.
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