Mondaq Canada: Insolvency/Bankruptcy, Re-structuring
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"), ..
Gowling WLG
What happens to the liabilities of an amalgamating company upon amalgamation? The general rule is clear that these liabilities continue as obligations of the newly amalgamated company.
Torys LLP
Section 546(e) securities safe harbor provision protects shareholder settlement payments in LBO transactions from constructive fraudulent conveyance attack by individual or collective creditors.
Blake, Cassels & Graydon LLP
In Canada, exploration and production (E&P) companies have been among the first to struggle in the new oil economy.
Blaney McMurtry LLP
Judgment-creditors who have experienced the uncertainty of Ontario's civil enforcement regime have recently been given two reasons to be cautiously optimistic about the future of enforcement.
McMillan LLP
Two recent Ontario decisions confirm the wide breadth of the powers available to trustees-in-bankruptcy under the Bankruptcy and Insolvency Act to examine witnesses and compel the production of documents.
Torys LLP
On March 8, a U.S. bankruptcy judge ruled that debtor Sabine Oil & Gas Corporation (Sabine), an upstream company, was permitted to reject pipeline contracts with midstream gatherers.
McCarthy Tétrault LLP
The Stanfield Mining Group of Companies (collectively, "Stanfield") carried on a mining business in British Columbia that encountered financial difficulties and entered into CCAA proceedings.
Cassels Brock
The defendant in H.Y. Louie was employed in the plaintiff's IT department. His duties included arranging for the purchase of IT products and services for the plaintiff.
Pallett Valo LLP
The rights of a mortgagor to redeem a mortgage when the mortgage falls into default and the mortgagee enforces are generally understood.
Blake, Cassels & Graydon LLP
On February 29, 2016, the Ontario Superior Court of Justice released a decision in the ongoing insolvency proceeding of U. S. Steel Canada Inc. Two principal issues were addressed by the Court.
McCarthy Tétrault LLP
The LMR program is well-known to persons active in the industry and reflects a comparison of a company's deemed assets to its deemed liabilities.
Torys LLP
This article explores the perplexing status of the doctrine of equitable subordination in Canada.
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 WLG
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 WLG
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.
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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...
Borden Ladner Gervais LLP
Set forth below is a summary of the key observations and analysis made in the Bulletin, as well as an explanation of certain of the enforcement mechanisms referenced therein.
Borden Ladner Gervais LLP
The Supreme Court of Canada today released its highly anticipated decision in Iona Contractors Ltd. v Guarantee Company of North America, dismissing the application for leave to appeal by the Trustee in Bankruptcy of the bankrupt, Iona Contractors Inc.
Blaney McMurtry LLP
In Howard v Benson Group, the Court again applied the correctness standard when interpreting an employment contract rather than the deferential Sattva standard.
McCarthy Tétrault LLP
Yukon Zinc, owner of the Wolverine Mine in the Yukon, commenced restructuring proceedings in March 2015 under the Companies' Creditors Arrangement Act (CCAA).
Blaney McMurtry LLP
Judgment-creditors who have experienced the uncertainty of Ontario's civil enforcement regime have recently been given two reasons to be cautiously optimistic about the future of enforcement.
Blaney McMurtry LLP
Following are this week's summaries of civil decisions released by the Court of Appeal. Topics covered included limitation periods, summary judgment, Crown wardship, wrongful death, insolvency and mortgages.
McCarthy Tétrault LLP
In 2014, Veris Gold Corp. and its subsidiaries began experiencing financial difficulties due to, among other things, the declining price of gold. It also received notice from its major secured creditor, Deutsche Bank A.G., that it was in default under its security agreements.
Torys LLP
Section 546(e) securities safe harbor provision protects shareholder settlement payments in LBO transactions from constructive fraudulent conveyance attack by individual or collective creditors.
Osler, Hoskin & Harcourt LLP
A securities class action against Sino-Forest Corporation, its senior officers and directors, and others was commenced in July 2011 after Sino-Forest filed for CCAA protection.
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