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Searching Content indexed under Financial Services by Aird & Berlis LLP ordered by Published Date Descending.
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1
Ontario Court Of Appeal Provides Guidance On Vesting Orders In Receivership – And Beyond
Vesting orders have become one of the most powerful tools in an insolvency professional's toolkit, providing a purchaser with the comfort that the encumbrances contributing to the debtor's financial difficulties cannot follow to the new owner.
Canada
26 Jul 2019
2
Priority Of Receivership Charges Over Construction Trusts – Ontario Court Maintains The Status Quo
A number of DMR's projects were bonded either on a payment or performance basis.
Canada
23 Jul 2019
3
Amendments To Ontario's Personal Property Security Act Facilitate Chattel Paper Financing
Amendments to the PPSA include a new provision providing an equivalent to perfection by control for electronic chattel paper.
Canada
22 Jul 2019
4
A Smoother Ride For Lessors: Vicarious Liability Cap Extended To Include Ride-Hailing Services
Commercial auto lessors and their financial subsidiaries can breathe easy.
Canada
10 Jul 2019
5
Modern Commercial Reality Triumphs In Interest Act Decision
A recent decision from the Court of Appeal for Ontario has reaffirmed the court's decision in Solar Power Network Inc. v. ClearFlow Energy Finance Corp.
Canada
19 Jun 2019
6
Clarity In Appeal Procedures Part II: The BIA Prevails – Or Does It?
In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made
Canada
29 Apr 2019
7
Supreme Court Dismisses Solar Power Network Application For Leave To Appeal
The Supreme Court has dismissed an application for leave to appeal Solar Power Network Inc. v. ClearFlow Energy Finance Corp.
Canada
3 Apr 2019
8
Highlights Of The 2019 Federal Budget
Extend the foreign affiliate dumping rules so as to also apply to any corporation resident in Canada that is controlled by a non-resident individual or non-resident trust or any group of non-arm's
Canada
29 Mar 2019
9
What To Expect When You're Expecting… Federal Infrastructure Funds?
The Municipal Act, 2001 gives Ontario municipalities the power to acquire lands by expropriation.
Canada
28 Mar 2019
10
Clarity In Appeal Procedures: The BIA Prevails
A recent decision of Justice Watt of the Ontario Court of Appeal definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the BIA and...
Canada
28 Jan 2019
11
Sunny Day For Lenders: ClearFlow Energy Appeal Successful
Lenders can breathe a sigh of relief: the use of formulas to express annual interest rates can satisfy Section 4 of the Interest Act (Canada).
Canada
5 Oct 2018
12
Recent "Interest" In Annual Rates
In a recent and surprising decision, Solar Power Network Inc. v. ClearFlow Energy Finance Corp.,1 the borrower, Solar Power Network Inc., successfully attacked loan agreement interest rate ...
Canada
2 Mar 2018
13
Toronto On The Cutting Edge Of Cryptocurrency Technologies
The Toronto City Council is seeking the public's input on how the City's commercial sector can better engage with cryptocurrencies. On Feb. 2, 2018, the City voted to engage in deputations between the public and the City Executive on March 19, 2018.
Canada
23 Feb 2018
14
The Powerful Protections Of The Ontario Repair And Storage Liens Act
An equipment finance company finances the purchase of a truck and registers a purchase-money security interest (a "PMSI") pursuant to the Personal Property Security Act (Ontario) (the "PPSA") to protect its interest.
Canada
20 Feb 2018
15
When Can A CCAA Monitor Bring An Oppression Claim Against A Stakeholder?
Until a court orders otherwise, a monitor appointed under the Companies' Creditors Arrangement Act1 is a neutral party and may not take sides in favour of one stakeholder over another.
Canada
5 Feb 2018
16
Teva Canada, Cheque Fraud And Risk Allocation For Collecting Banks
In a fiercely-contested, 5-4 split decision, the Supreme Court of Canada ruled that a company victimized by employee cheque fraud can recover its $5.5-million loss from the banks ...
Canada
23 Nov 2017
17
CRA's Super-Priority Remains Operative Over Pre-Bankruptcy Payments To Secured Creditor
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 ...
Canada
23 Nov 2017
18
Debt Financing For Cannabis Companies – A Market Update
In the April 6, 2017 edition of Collateral Matters, Aird & Berlis LLP's banking law newsletter, our article entitled A "Green Rush" for Debt Financing? ...
Canada
20 Nov 2017
19
Practically Perfect - Errors In Financing Statements
On September 14, 2017, Bill 154, Cutting Unnecessary Red Tape Act, 2017 (the "Bill"), passed its first reading in the provincial legislature.
Canada
13 Nov 2017
20
Supreme Court Of Canada Allocates Cheque Fraud Risks To Banks
The Supreme Court of Canada has released its decision in Teva Canada Ltd. v. TD Canada Trust, 2017 SCC 51 ("Teva").
Canada
8 Nov 2017
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