Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Blake, Cassels & Graydon LLP
In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings.
Borden Ladner Gervais LLP
Ms. Zuk provided a personal guarantee for the business her husband founded. Ms. Zuk was also an accountant, and was Silverado's sometime bookkeeper and shareholder prior to her divorce...
Borden Ladner Gervais LLP
In fact, unlike Chapter 11 of the US Bankruptcy Code, in Canada, the CCAA does not provide for the appointment of creditors' committees representing their interest during the proceedings.
Willms & Shier Environmental Lawyers LLP
The Supreme Court of Canada (SCC) granted leave to hear the appeal of Orphan Well Association v Grant Thornton Limited.
Gowling WLG
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
Torkin Manes LLP
The recent Canadian Federal Court of Appeal case of Her Majesty the Queen v. Callidus Capital (2017) FCA 162 may signal the end of an important assumption made by many, if not most, ...
Edwards, Kenny & Bray LLP
In British Columbia, the right to sue on a debtor's failure to repay a loan is generally limited to a two year period following the date the debtor defaults on that loan, thanks to the provisions...
Cox & Palmer
Following eight years of protracted and acrimonious child custody litigation, the father of the children in question was awarded $200,000 in costs against their mother, who subsequently declared bankruptcy ...
Gehlen Dabbs
The Supreme Court of British Columbia is the most recent court latest to find that a debtor's email can, in the appropriate circumstances, be sufficient to restart the two-year limitation period ...
Gehlen Dabbs
Clerical errors are an unfortunate fact of business life. When they happen, they are typically reversible, with the appropriate apologies. But when the payout of creditor claims is involved ...
McMillan LLP
In a recent split decision in The Queen v. Callidus Capital Corporation, the Federal Court of Appeal decided that proceeds of sale of a debtor's assets paid to a secured creditor prior to a debtor's bankruptcy....
Devry Smith Frank LLP
In an earlier blog, we wrote how Sears Canada had engaged federal bankruptcy and insolvency legislation in to buy time while its leadership formulated a plan to restructure the company.
Blake, Cassels & Graydon LLP
Our Retail Insolvencies series examines large retail insolvencies in Canada from the perspective of various stakeholders.
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.
Blake, Cassels & Graydon LLP
This is the second instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
Borden Ladner Gervais LLP
Although the Court didn't break much new legal ground in The Bank of Nova Scotia v. Renatoneil Consultants Ltd...
Miller Thomson LLP
L'appel est formé par le syndic et le gestionnaire qui se pourvoient contre un jugement de la Cour supérieure leur enjoignant de payer des dommages intérêts à une créancière garantie (Finexcorp).
Gowling WLG
In a recent decision[1], the British Columbia Supreme Court (the "Court") determined that purported secured loans made by a shareholder were properly characterized as equity contributions...
Fasken Martineau (French)
Dans l'arrêt Canada c Callidus Capital Corporation, la Cour d'appel fédérale a conclu que la faillite du débiteur fiscal après la réception, par le créancier garanti...
Fasken Martineau
Subsection 222(1) of the Excise Tax Act (Canada) creates a deemed trust in favour of the Crown for collected but unremitted goods and services tax/harmonized sales tax ("GST/HST")...
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Edwards, Kenny & Bray LLP
In British Columbia, the right to sue on a debtor's failure to repay a loan is generally limited to a two year period following the date the debtor defaults on that loan, thanks to the provisions...
Willms & Shier Environmental Lawyers LLP
The Supreme Court of Canada (SCC) granted leave to hear the appeal of Orphan Well Association v Grant Thornton Limited.
Blake, Cassels & Graydon LLP
On November 9, 2017, the SCC granted the leave application filed by the Alberta Energy Regulator and the Orphan Well Association in Orphan Well Association, et al v. Grant Thornton Limited, et al, ...
Torkin Manes LLP
The recent Canadian Federal Court of Appeal case of Her Majesty the Queen v. Callidus Capital (2017) FCA 162 may signal the end of an important assumption made by many, if not most, ...
Gowling WLG
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
Lawson Lundell LLP
The Redwater Energy Corporation (Redwater) saga endures as the issues in the case continue to loom large in the Alberta oil and gas industry and the Federal bankruptcy regime.
Aird & Berlis LLP
Secured creditors have taken note and expressed concern regarding a recent decision from the Federal Court of Appeal (the "FCA"), which has upended conventional wisdom ...
Gehlen Dabbs
Under section 70 of the Bankruptcy and Insolvency Act (BIA), when a debtor assigns into bankruptcy, or is adjudge a bankrupt by a court, and subject to the rights of secured creditors...
Gehlen Dabbs
Clerical errors are an unfortunate fact of business life. When they happen, they are typically reversible, with the appropriate apologies. But when the payout of creditor claims is involved ...
Cox & Palmer
Following eight years of protracted and acrimonious child custody litigation, the father of the children in question was awarded $200,000 in costs against their mother, who subsequently declared bankruptcy ...
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