With
Aryo Shalviri
The recent restructuring proceedings of Concordia International Corp. (Concordia) demonstrate that the arrangement provisions of the Canada Business Corporations Act (CBCA) remain as a powerful tool for balance sheet restructurings in Canada.
With
Aryo Shalviri
This is the fourth and final instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
With
Aryo Shalviri
This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective...
With
Ilia Kravtsov (Student-at-Law),
Caitlin McIntyre (Student-at-Law)
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.
With
Aryo Shalviri
This is the second instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
With
Aryo Shalviri
This article is the first instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
With
Pamela Huff,
Matthew Kanter
The Ontario Superior Court of Justice released an important decision regarding the ability of unsecured bondholders to assert a claim for "post-filing" interest.
With
Natalie Bussière
On January 24, 2014, the Québec Superior Court issued a decision in the Companies’ Creditors Arrangement Act proceedings of Timminco Limited and Bécancour Silicon Inc.
With
Kathryn Bush,
Milly Chow,
Susan Grundy,
Michael Harquail,
Pamela Huff,
Michael McGraw,
Steven Weisz
On Thursday, December 1, 2011, a three-judge panel of the Supreme Court of Canada granted leave to appeal from the decision of the Court of Appeal for Ontario in Re Indalex.
With
Kathryn Bush,
Milly Chow,
Susan Grundy,
Michael Harquail,
Pamela Hughes,
Steven Weisz
The Ontario Court of Appeal released its decision in Re Indalex on April 7, 2011.
Credit bidding allows a secured creditor to use its debt as currency in a competitive sales process. The traditional court-supervised sales process in proceedings under the Companies’ Creditors Arrangement Act (CCAA) contemplated the solicitation of offers for a debtor’s business, with all offers to be submitted by a court-prescribed deadline.
With
Katherine McEachern,
Jackie Moher
The dominant theme in recent judicial discussions in connection with the approval of cross-border DIP financing is the appropriateness of approving cross-border guarantees in connection with DIP financing; particularly when the court is asked to approve re-financing or a roll up of pre-filing indebtedness.
This article provides a basic primer on DIP financing in Canada, followed by a discussion of the most recent developments affecting the structure of DIP credit agreements and the priority of DIP lenders charges.
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