Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Cox & Palmer
In the Nova Scotia case Witch's Glen Gold Inc., Re, 2015 NSSC 93, the sole creditor, Steve Furlotte, brought an application pursuant to s. 43 of the Bankruptcy and Insolvency Act (BIA) seeking a bankruptcy order against the debtor Witch's Glen Gold Inc. ("WGC").
WeirFoulds LLP
In its recent decision in Walchuk v Houghton, the Court of Appeal for Ontario clarified the interaction between the stay provisions of the Bankruptcy and Insolvency Act and motions for contempt of court orders.
Miller Thomson LLP
Il a été porté à notre attention que nous n'avions pas précisé que la décision St-Onge (Syndic de) 2014 QCCS 909 (7 janvier 2014) rapportée dans notre publication Été 2014 avait été inscrite en appel.
Miller Thomson LLP
Les délais sont d'une importance primordiale dans le cadre de procédures judiciaires. Le défaut de les respecter peut impliquer le rejet d'une action.
Minden Gross LLP
Litigator Catherine Francis published "Competing priorities under the model receivership order: RBC v. Galmar" in the CAIRP magazine Rebuilding Success.
Fuller Landau
Few people have the ability to put you immediately at ease from the outset of a conversation.
McCarthy Tétrault LLP
Section 11.4 of the CCAA requires that persons identified as critical suppliers to a debtor company continue to provide goods and services on terms and conditions with the existing supply relationship.
Borden Ladner Gervais LLP
The motion judge found the debtor to be in contempt of court.
Cox & Palmer
Gray Aqua Group of Companies, Re is a case from New Brunswick that dealt with the remedy of substantive consolidation under the Bankruptcy and Insolvency Act (BIA).
Gowling WLG
The Court of Appeal has held that the refusal by the court to allow a litigant in person to adduce additional evidence at trial rendered the trial unfair.
Gowling WLG
The Court of Appeal has held that a lender can recover all its loss on a refinance loan from a negligent surveyor and not just the 'top up' advanced following repayment of the original loan.
Gowling WLG
Where owners of a property were appealing against an order that a creditor had a beneficial interest in their property (following a tracing claim).
Gowling WLG
The High Court has recently considered whether a lender owed a duty of care in contract or tort to advise a borrower of a potentially onerous clause in a loan agreement - and found that it did not.
McCarthy Tétrault LLP
The long-running conflict between insolvency professionals and the Alberta Energy Regulator (AER) that was (temporarily) clarified by the Court of Queen's Bench of Alberta decision in Redwater Energy Corp. was previously analyzed in a blog post here.
Miller Thomson LLP
"An appeal", explained one of my law school professors as he stretched out his arms, "is like taking off in a plane.
Gowling WLG
Gowling WLG's dedicated insolvency litigation team bring you their regular update on the cases and issues affecting the insolvency and fraud investigation industry.
Miller Thomson LLP
Equipment lessors often object to their equipment being included in a receivership.
Dentons
On May 19, 2016, the Alberta Court of Queen's Bench issued their decision, Redwater Energy Corporation Re, 2016 ABQB 278 ("Redwater Decision"), which we discussed in our recent alert...
McCarthy Tétrault LLP
According to the AER, the following measures are temporary, pending the earlier of the Redwater litigation or the implementation of appropriate regulatory measures.
Norton Rose Fulbright Canada LLP
Alberta's oil and gas regulatory regime has once again clashed with the Companies' Creditors Arrangement Act
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Minden Gross LLP
On December 10, 2015, the Ontario government passed Bill 144, the Budget Measures Act, 2015, which will come into force on December 10, 2016.
Blaney McMurtry LLP
Topics covered include class actions -- two, one where leave to commence a securities class action under the Securities Act was refused and one where certification of a misrepresentation claim was granted.
Miller Thomson LLP
Il a été porté à notre attention que nous n'avions pas précisé que la décision St-Onge (Syndic de) 2014 QCCS 909 (7 janvier 2014) rapportée dans notre publication Été 2014 avait été inscrite en appel.
McCarthy Tétrault LLP
Both the Bankruptcy and Insolvency Act ("BIA") and the Companies' Creditors Arrangement Act stay actions and remedies as against debtors.
Cox & Palmer
In the Nova Scotia case Witch's Glen Gold Inc., Re, 2015 NSSC 93, the sole creditor, Steve Furlotte, brought an application pursuant to s. 43 of the Bankruptcy and Insolvency Act (BIA) seeking a bankruptcy order against the debtor Witch's Glen Gold Inc. ("WGC").
Wildeboer Dellelce LLP
Could this finally be farewell to the last remaining bulk sales legislation in Canada? On June 8, 2016, Bill 218 entitled the Burden Reduction Act, 2016 passed its first reading in the Ontario Legislature.
Borden Ladner Gervais LLP
The motion judge found the debtor to be in contempt of court.
Blaney McMurtry LLP
It was in the US Steel CCAA proceeding in which the Court of Appeal agreed with the CCAA judge below that he did not have the jurisdiction under the CCAA to grant the remedy of equitable subordination.
Minden Gross LLP
The common law remedy of distress has become an increasingly difficult remedy for landlords to exercise in response to a tenant default.
Minden Gross LLP
Litigator Catherine Francis published "Competing priorities under the model receivership order: RBC v. Galmar" in the CAIRP magazine Rebuilding Success.
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