Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
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
Osler, Hoskin & Harcourt LLP
Chief Justice Strathy of the Ontario Court of Appeal explained that the Bankruptcy and Insolvency Act does not provide a bankrupt with a right to appeal an order lifting a stay of proceedings against him.
McMillan LLP
On October 7, 2015, the British Columbia Court of Appeal reversed the Supreme Court of British Columbia's decision in Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership.
McMillan LLP
As we noted in our May 2016 bulletin, caution may continue to delay these activities until a decision on an appeal is made.
Miller Thomson LLP
One of the most vexing commercial insolvency issues is the competition between creditors with security on environmentally troubled property and environmental authorities looking for deep pockets...
McCarthy Tétrault LLP
On May 18, 2016, the Court of Queen's Bench of Alberta released its much anticipated decision in Re Redwater Energy Corporation, 2016 ABQB 278, which addressed the Oil and Gas Conservation Act...
Burnet, Duckworth & Palmer LLP
At a time of a myriad of challenges facing the oil and gas industry, one of the biggest developments in 2016 is the Court of Queen's Bench decision in Redwater Energy Corporation (Re) (Re Redwater).
Blake, Cassels & Graydon LLP
In Redwater Energy Corporation (Re), the Court of Queen's Bench of Alberta held that certain sections of the Oil and Gas Conservation Act and Pipeline Act are inoperative.
Dentons
The Alberta Court of Queen's Bench decision in Redwater Energy Corporation Re, 2016 ABQB 278, written by Chief Justice Neil Wittmann, clarifies that the provisions of the Bankruptcy and Insolvency Act...
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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.
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
Where owners of a property were appealing against an order that a creditor had a beneficial interest in their property (following a tracing claim).
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).
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.
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.
Siskinds LLP
As strange as it might sound, the US chapter of the Sierra Club has acquired control over a large coal reserve in the Appalachians.
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.
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.
Crowe Soberman LLP
Rising household debt is leaving Canadians more vulnerable to interest rates and economic volatility, according to a January 2016 report from the Parliamentary Budget Office ("PBO"), ..
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