Mondaq Canada: Insolvency/Bankruptcy, Re-structuring
Torys LLP
An article by partners Scott Bomhof, Mitch Frazer, Tom Zverina and associate Lily Coodin, "Court Sheds Light on Prioritizing Insolvency Claims," has been republished by the National Creditor Debtor Review.
Gowling Lafleur Henderson LLP
In a changing economy, companies are constantly facing new challenges, and none are immune to insolvent suppliers or clients.
McCarthy Tétrault LLP
Individuals who serve as directors or offices of public companies in Canada face an increasing amount of shareholder litigation and a complex web of legal and regulatory provisions that must be managed, navigated and adhered to.
McCarthy Tétrault LLP
Following the financial crisis, a number of reforms have been proposed, both in Canada and internationally, aimed at limiting the risk of future taxpayer funded bail-outs for the largest financial institutions...
McCarthy Tétrault LLP
There are a number of similarities between restructuring legislation in Canada and the United States.
Gowling Lafleur Henderson LLP
Les Mécanismes Utiles En Matière D'insolvabilité Dans Un Contexte De Gestion De Crise...
Dentons (Canada)
The "interest stops" rule requires that creditors' claims stop accruing interest as of the date of an insolvency filing.
Borden Ladner Gervais LLP
This Fall the Alberta Surface Rights Board (the "Board") Panel issued its decision in Lemke v Petroglobe Inc, 2015 ABSRB 740. The Panel decided that it did not have authority to proceed with a claim by a landowner for unpaid compensation that had accrued before the date that the operator was assigned into bankruptcy.
Lerners
Some individuals are appointed as Estate Trustees and, after determining the debts owed by the Estate, discover that the Estate does not have enough money to pay its creditors leaving the Estate Trustee to question who should get paid.
Aird & Berlis LLP
In Aventura, His Honour noted that the Purchaser opted to play "hard ball" and sought to manipulate the powers of the Trustee to its financial advantage.
Aird & Berlis LLP
The Tenant brought a motion under section 37 of the BIA to reverse the Trustee's decision to disclaim the Lease, which motion was allowed.
Miller Thomson LLP
On November 13, 2015, the Supreme Court rendered its decision in Lemare Lake Logging Ltd. v. 3L Cattle Company Ltd. (2015 SCC 53) ("Lemare Lake").
McCarthy Tétrault LLP
Mr. Moloney caused a car accident while he was uninsured. The province of Alberta compensated a person who was injured in the accident and sought to recover the amount of the compensation from Mr. Moloney.
Clark Wilson LLP
A "Ponzi scheme," made famous by Charles Ponzi and his fraudulent postage speculation in the 1920s, is little more than an arrangement in which a fraudster pays returns to investors from monies obtained from later investors rather than from any real "profits" of an underlying business venture.
McMillan LLP
The Supreme Court of Canada released today its much awaited decision in 407 ETR, in which it upheld the decision of the Ontario Court of Appeal, and ruled that Section 22(4) of the Highway 407 Act is constitutionally inoperative to the extent that it is used to enforce a provable claim that has been discharged pursuant to section 178(2) of the Bankruptcy and Insolvency Act.
Gowling Lafleur Henderson LLP
What do a car crash in Alberta, a delinquent farm mortgage in Saskatchewan and an unpaid highway toll ticket in Ontario have in common?
Miller Thomson LLP
In the context of a tenant's bankruptcy, Justice Romaine of the Alberta Court of Queen's Bench recently characterized a deposit provided under a lease as a security interest, as opposed to prepaid rent, forcing an unsecured landlord to remit the money to a trustee in bankruptcy.
Stewart McKelvey
There is now a Nova Scotia decision on the interplay between the provincial Builders' Lien Act and the federal Bankruptcy and Insolvency Act ("BIA") in the interesting context of trusts.
Alexander Holburn Beaudin + Lang LLP
The construction industry has one of the highest rates of bankruptcies and insolvencies of any industry in Canada.
Aird & Berlis LLP
The CCAA is the most flexible Canadian statute under which a corporation can restructure its business.
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McMillan LLP
On January 25, 2016, the Court of Queen's Bench of Alberta approved a Sales and Investment Solicitation Process (the "SISP") requested by the Receiver of Spyglass Resources Corp and several related companies ("Spyglass").
McCarthy Tétrault LLP
Individuals who serve as directors or offices of public companies in Canada face an increasing amount of shareholder litigation and a complex web of legal and regulatory provisions that must be managed, navigated and adhered to.
Aird & Berlis LLP
Secured creditors should take note of Callidus, wherein the Federal Court (the "Court") held that the bankruptcy of a tax debtor rendered a statutory deemed trust under section 222 of the Excise Tax Act...
Gowling Lafleur Henderson LLP
In a changing economy, companies are constantly facing new challenges, and none are immune to insolvent suppliers or clients.
Blaney McMurtry LLP
The Court of Appeal released several civil decisions this week. Topics covered included franchising, jurisdiction, reasonable apprehension of bias, bankruptcy and insolvency and family law.
McCarthy Tétrault LLP
Following the financial crisis, a number of reforms have been proposed, both in Canada and internationally, aimed at limiting the risk of future taxpayer funded bail-outs for the largest financial institutions...
Torys LLP
An article by partners Scott Bomhof, Mitch Frazer, Tom Zverina and associate Lily Coodin, "Court Sheds Light on Prioritizing Insolvency Claims," has been republished by the National Creditor Debtor Review.
Blake, Cassels & Graydon LLP
While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.
McCarthy Tétrault LLP
There are a number of similarities between restructuring legislation in Canada and the United States.
McLennan Ross LLP
On July 15, 2015, the Ontario court granted an Order approving settlement of the Castor Holdings litigation.
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