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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Bennett Jones LLP ordered by Published Date Descending.
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1
Supreme Court May Consider Enforceability Of Liquidated Damages
On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32
Canada
15 Oct 2019
2
Alberta Court Of Appeal Clarifies Super-Priority Of CCAA Charges
In most restructuring proceedings, money is needed to fund the professionals and the management team retained to preserve value in the insolvent company.
Canada
24 Sep 2019
3
Supreme Court To Consider Enforceability Of Consequences Imposed Upon Insolvency
The Supreme Court of Canada recently granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32.
Canada
29 Jul 2019
4
Concordia: Novel Features In A CBCA Restructuring
in September 2018, Concordia International Corp. and Concordia Healthcare Limited implemented a plan of arrangement under the CBCA that has the potential to expand the use of the CBCA arrangement provision...
Canada
27 Mar 2019
5
The Expanded Use Of The CBCA In Debt Restructurings
Section 192, the plan of arrangement provision in the Canada Business Corporations Act (CBCA), is an increasingly popular means of facilitating corporate debt restructurings and recapitalizations.
Canada
27 Mar 2019
6
ABQB Clarifies Test For Lifting The Stay To Replace An Insolvent Operator
The Alberta Court of Queen's Bench has issued several conflicting decisions on whether a stay of proceedings in an insolvency matter should be temporarily lifted to allow enforcement of a contractual right to...
Canada
28 Feb 2019
7
Not Just Linear Property Tax Priorities: Alberta Court Of Appeal On Abuse Of Process And Mootness
In a recent Bennett Jones Update—Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty—we discussed three recent decisions of the Court of Queen's Bench of Alberta
Canada
26 Feb 2019
8
Creditors Cheer SCC Decision On GST Debts
Where a supplier has failed to remit GST to the Crown, ETA subsection 222(3) extends a deemed trust over the unremitted GST in favour of the Crown to cover the supplier's property equal in value to the unremitted GST.
Canada
13 Feb 2019
9
The Supreme Court Of Canada Rules In Orphan Well Case
The Alberta Energy Regulator's Statutory Power is Not in Conflict With the Bankruptcy and Insolvency Act
Canada
7 Feb 2019
10
Asset Recovery 2019
No. Nothing precludes a civil proceeding from progressing in parallel with, or in advance of, criminal proceedings concerning the same subject matter.
Canada
11 Dec 2018
11
No Deemed Trust For Unremitted GST And HST Post-Bankruptcy
In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162.
Canada
16 Nov 2018
12
Property Tax Priorities In Alberta Insolvency Proceedings: Current Uncertainty
Recent decisions of the Court of Queen's Bench of Alberta have put into question the priority of municipal property taxes in insolvency proceedings.
Canada
16 Nov 2018
13
Equity Claims Relief Granted As Part Of CBCA Restructuring
On June 26, 2018, Regional Senior Justice Morawetz of the Ontario Superior Court of Justice granted an order approving a plan of arrangement under the Canada Business Corporations Act ("CBCA") ...
Canada
12 Sep 2018
14
Saskatchewan Court Of Appeal Clarifies Priority Rules For Builders' Liens Arising In Connection With The Recovery Of Minerals
The Saskatchewan Court of Appeal recently released a landmark decision which will significantly affect the priority ranking of certain Saskatchewan builders' lien claims in insolvency proceedings.
Canada
23 Aug 2017
15
Key Takeaways From CELF's Annual Jasper Research Seminar
The Canadian Energy Law Foundation (CELF) held its Annual Jasper Research Seminar in mid-June, the 56th year this world class event has been held in Alberta.
Canada
7 Aug 2017
16
Court Of Appeal Permits Union Certification Application In Face Of Insolvency Stay Of Proceedings
The Ontario Court of Appeal recently released a decision allowing a certification application by a union to proceed in the face of a receivership of the employer.
Canada
10 May 2017
17
Buying To Sell: Private Equity Sponsor Exits
According to Pitchbook Data, Inc., Canadian private equity sponsor exit activity in 2015 reflected a year-over-year jump of more than 20 percent in volume.
Canada
17 Nov 2016
18
Transfer Of Operatorship Of Oil And Gas Assets Upon Insolvency
Operating agreements for oil and gas assets typically contemplate the immediate replacement of the operator by another working interest owner in the event of the operator's insolvency.
Canada
25 Jul 2016
19
Bulletin 2016-16: Alberta Energy Regulator Releases New Requirements In Wake Of Redwater Decision
Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen's Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued on May 19, 2016.
Canada
29 Jun 2016
20
Important Restrictions Placed On Use Of CBCA For Debt Restructurings
Under the CBCA plan of arrangement provisions, applicants first apply for an interim order to permit a meeting and vote on the plan by affected parties.
Canada
26 May 2015
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