Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Devry Smith Frank LLP
According to the Financial Post, Sears Canada has agreed to create a fund for former employees who were denied severance payments as the company restructures itself.
Miller Thomson LLP
E-mail conversations are often relatively informal and the participants, especially when they are not lawyers, can take prior discussions as a "given" rather than fully and expressly repeating them.
Borden Ladner Gervais LLP
In Royal Bank of Canada v. Casselman, three motions were brought before the Court.
Gehlen Dabbs
When the claims against an insolvent company include environmental remediation orders, a clear question of public priorities arises.
McCarthy Tétrault LLP
A recent unreported decision in the Alberta Court of Queen's Bench has clarified the ranking of certain municipal tax claims against a bankrupt in Alberta.
Cox & Palmer
In this case, the Newfoundland & Labrador Court of Appeal considered whether a receiver is conflicted if it previously assisted the debtor in financial restructuring efforts.
Gehlen Dabbs
In a previous post, we discussed areas of exposure and avenues for recourse for directors of insolvent companies. In this post, we look at how directors' legally prescribed duties may shift during insolvency.
Torys LLP
•The Court of Queen's Bench held that the Municipal Government Act, RSA 2000, c M-26 (MGA), which grants municipalities the power to levy linear property taxes in Alberta, may provide a special lien for tax arrears for taxes relating to a parcel of land.
Miller Thomson LLP
L'appelant soutient que l'ordonnance de libération ne devrait pas libérer l'intimée sur la base de l'article 178 (1)(e) de la Loi sur la faillite et l'insolvabilité,
Gehlen Dabbs
When a debtor is insolvent, recovery by a creditor will generally depend on the creditor's ranking.
Borden Ladner Gervais LLP
In the recent unreported decision, Bank of Nova Scotia et al v. Virginia Hills Oil Corp. et al, File No. 1701-02184, the Alberta Court of Queen's Bench held that not all municipal property tax claims...
Torkin Manes LLP
The decision in the HarbourEdge case has important implications for lenders who wish to take security over personal property.
Gehlen Dabbs
The fruits of a business owner's lifetime of hard work can vanish almost instantly with the insolvency of a company.
McCarthy Tétrault LLP
Key Employee Retention Plans are a common feature in restructurings occurring under the Companies' Creditors Arrangement Act.
Gowling WLG
The Court of Appeal has confirmed that a company must have a settled intention to appoint an administrator before it can file a notice of intention to appoint and benefit from the interim...
Stewart McKelvey
The Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates...
Gehlen Dabbs
In a bankruptcy, the bankruptcy trustee is in charge of collecting on any claims held by the bankrupt, and is also given additional powers under the Bankruptcy and Insolvency Act (BIA)...
Miller Thomson LLP
La Cour supérieure a dû déterminer, dans cette affaire, si le fait qu'un Surintendant change sa recommandation de suspendre ou de refuser une libération en cours d'argumentation ...
Thornton Grout Finnigan LLP
The Ontario Court of Appeal released its decision denying parties leave to appeal from Justice Newbould's decision which held that global proceeds of sale in the amount of US$7.3 billion should be distributed to the worldwide Nortel debtor estates on a pro rata basis.
Miller Thomson LLP
Sun Life intente en 2005, un recours contre Technique Acoustique en vue de récupérer les sommes qu'elle a dû débourser pour la réparation d'un immeuble construit par la débitrice.
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Blake, Cassels & Graydon LLP
This article is the first instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
Gehlen Dabbs
In a previous post, we discussed areas of exposure and avenues for recourse for directors of insolvent companies. In this post, we look at how directors' legally prescribed duties may shift during insolvency.
Bennett Jones LLP
The Canadian Energy Law Foundation (CELF) held its Annual Jasper Research Seminar in mid-June, the 56th year this world class event has been held in Alberta.
Torys LLP
•The Court of Queen's Bench held that the Municipal Government Act, RSA 2000, c M-26 (MGA), which grants municipalities the power to levy linear property taxes in Alberta, may provide a special lien for tax arrears for taxes relating to a parcel of land.
Gehlen Dabbs
When the claims against an insolvent company include environmental remediation orders, a clear question of public priorities arises.
Cox & Palmer
In this case, the Newfoundland & Labrador Court of Appeal considered whether a receiver is conflicted if it previously assisted the debtor in financial restructuring efforts.
Borden Ladner Gervais LLP
In Royal Bank of Canada v. Casselman, three motions were brought before the Court.
McCarthy Tétrault LLP
A recent unreported decision in the Alberta Court of Queen's Bench has clarified the ranking of certain municipal tax claims against a bankrupt in Alberta.
McCarthy Tétrault LLP
Prior to the repeal of the BSA, Ontario was the only remaining Canadian jurisdiction with bulk sales legislation.
Gehlen Dabbs
When a debtor is insolvent, recovery by a creditor will generally depend on the creditor's ranking.
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