Mondaq Canada: Insolvency/Bankruptcy, Re-structuring
Blake, Cassels & Graydon LLP
Applicants who seek ex parte relief under the Companies’ Creditors Arrangement Act (CCAA) have an obligation to make full and fair disclosure of all material facts to the court.
Minden Gross LLP
It would seem, based on the recent decision of the Ontario Court of Appeal in Bank of Nova Scotia v. Diemer that the honeymoon experienced by insolvency lawyers over the past decade with respect to the manner in which their fees can be charged, is over.
Miller Thomson LLP
One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt.
Minden Gross LLP
Here are just five of the many reasons why retaining experienced bankruptcy and insolvency counsel can make a big difference.
Aird & Berlis LLP
On December 1, 2014, the Court of Appeal for Ontario (the "Court of Appeal") released its decision, written for the Court of Appeal by Madam Justice Pepall, in Bank of Nova Scotia v. Diemer, 2014 ONCA 851 ("Diemer").
Cassels Brock
For a lender in the agricultural space, some of the most valuable assets a lender may be relying on for recovery purposes are the production quotas held by their borrower.
Cassels Brock
Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors.
Cassels Brock
While it is common practice in Canada to seek certain emergency orders on an ex parte basis (i.e. where only one party (and not the adversary) appears before a judge), applicants for such orders are held to a high standard of candour with the court.
Cassels Brock
Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors.
Norton Rose Fulbright Canada LLP
In proceedings pursuant to the Companies’ Creditors Arrangement Act concerning The Cash Store Financial Services et al., the Court of Appeal for Ontario dismissed an appeal from a decision of the Superior Court of Justice (Commercial List).
Langlois Kronstrom Desjardins s.e.n.c.r.l.
On October 21, 2014, the Court of Appeal of Quebec rendered an important judgment in the matter of the bankruptcy of Sylvain Girard.
Miller Thomson LLP
La Cour d’appel étudie l’application de l’article 2097 C.c.Q. qui prévoit que « l’aliénation de l’entreprise ou la modification de sa structure juridique par fusion ou autrement, ne met pas fin au contrat de travail ».
Miller Thomson LLP
Les demandeurs prétendent que la cession de créance intervenue entre le défendeur Radius et Deutsche Bank AG ne peut pas leur être opposable.
Miller Thomson LLP
Le 4 juillet 2005, la débitrice signe une convention de licence avec une tierce partie liée, pour lui permettre de vendre les biens sous marque de commerce détenue par cette dernière.
Miller Thomson LLP
Au moment de sa faillite, le requérant possédait un cinquième indivis d’un terrain.
Miller Thomson LLP
Étant donné le défaut de la défenderesse, le créancier hypothécaire a obtenu un jugement de vente sous contrôle de justice.
Miller Thomson LLP
Dans les cas d'une proposition du consommateur, l'article 66.31 de la Loi sur la faillite et insolvabilité édicte dans son alinéa 1, que le défaut de paiement par le débiteur annule la proposition.
Miller Thomson LLP
Intellectual property rights are meant to protect that which cannot be easily protected: ideas, images, music and brands.
Miller Thomson LLP
Les droits de propriété intellectuelle visent à protéger ce qui ne peut être protégé facilement: les idées, les images, la musique et les marques.
Gowling Lafleur Henderson LLP
The upcoming ten years will be an exciting period for First Nations in terms of economic development, with First Nations across Canada more poised than ever to exercise their increasing economic and political clout.
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Aird & Berlis LLP
As a great deal of value can stem from a debtor’s domain name, secured creditors ought to consider how best to protect their interest in such property.
Minden Gross LLP
Here are just five of the many reasons why retaining experienced bankruptcy and insolvency counsel can make a big difference.
Cassels Brock
Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors.
Cassels Brock
Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors.
Miller Thomson LLP
One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt.
McMillan LLP
Now that the Canadian Wage Earner Protection Program (WEPP) has been in place for several years, some of the practi¬cal challenges created by the legislation can be bet¬ter understood.
Blaney McMurtry LLP
Not many civil cases were released this week, so the list is short. This week's topics include bankruptcy, priority, construction, and insurance.
Cassels Brock
While it is common practice in Canada to seek certain emergency orders on an ex parte basis (i.e. where only one party (and not the adversary) appears before a judge), applicants for such orders are held to a high standard of candour with the court.
Aird & Berlis LLP
On December 1, 2014, the Court of Appeal for Ontario (the "Court of Appeal") released its decision, written for the Court of Appeal by Madam Justice Pepall, in Bank of Nova Scotia v. Diemer, 2014 ONCA 851 ("Diemer").
Cassels Brock
For a lender in the agricultural space, some of the most valuable assets a lender may be relying on for recovery purposes are the production quotas held by their borrower.
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