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1
Insolvency Legislation Reforms To Take Effect November 2019
On November 1, 2019, a number of amendments to the Bankruptcy and Insolvency Act (the "BIA") and the Companies' Creditors Arrangement Act (the "CCAA") will come into force pursuant to the
Canada
25 Sep 2019
2
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
3
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
4
Doing Business In Canada - Spring 2019
Canada welcomes international participants in its economy and business community. A focus of Aird & Berlis LLP is to represent international clients investing in Canada
Canada
3 May 2019
5
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
6
All's "Well" That Ends "Well"
On January 31, 2019, the Supreme Court of Canada (the "SCC") rendered its decision in Orphan Well Association v. Grant Thornton Ltd. (the "Decision").
Canada
11 Feb 2019
7
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
8
Supreme Court Of Canada Allows Appeal In Canada v. Callidus Capital Corporation
Secured creditors can breathe a sigh of relief. We have received word that the Supreme Court of Canada has allowed the appeal from the bench in Canada v. Callidus Capital Corporation ("Callidus").
Canada
12 Nov 2018
9
Doing Business In Canada - September 2018
Aird & Berlis is pleased to present the September 2018 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law, and is intended for those planning to start, acquire or invest in a business in Canada.
Canada
8 Oct 2018
10
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
11
Cryptocurrency Assets Under Insolvency And Personal Property Security Law
Encrypted digital currencies ("cryptocurrencies"), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny.
Canada
20 Feb 2018
12
Third Strike For Ontario Construction Lien Act Deemed Trust In Bankruptcy
In a January 31, 2018 decision from the bench in the matter of Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. (Court File No. CV-14-10784-00CL) ("A-1 Asphalt") ...
Canada
12 Feb 2018
13
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
14
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
15
Construction Lien Act Deemed Trust In Bankruptcy
In a September 19, 2017 decision from the bench in the matter of Bank of Montreal v. Kappeler Masonry Corporation, et. al.1 ("Kappeler Masonry")...
Canada
27 Oct 2017
16
Collateral Matters - Receivers, Unions And The Lifting Of The Stay: Are The Floodgates Open Or Have They Merely Sprung A Leak
In what may prove either to be a landmark decision or a mere outlier confined to its unique facts, the Court of Appeal for Ontario.
Canada
23 Jun 2017
17
Implications Of The Forfeited Corporate Property Act For Creditors
Creditors should be aware of important changes to the law regarding forfeiture of corporate property which have significant implications for the recovery of forfeited assets of dissolved corporations.
Canada
27 Mar 2017
18
Pre-Bankruptcy Payment To Secured Creditor Escapes Statutory Deemed Trust
Secured creditors should take note of Callidus, wherein the Federal Court (the "Court") held that the bankruptcy of a tax debtor rendered a statutory deemed trust under section 222 of the Excise Tax Act...
Canada
12 Jan 2016
19
Trustee Cannot Disclaim Bankrupt Landlord's Lease
In Aventura, His Honour noted that the Purchaser opted to play "hard ball" and sought to manipulate the powers of the Trustee to its financial advantage.
Canada
 
21 Dec 2015
20
Trustee Cannot Disclaim Bankrupt Landlord's Lease
The Tenant brought a motion under section 37 of the BIA to reverse the Trustee's decision to disclaim the Lease, which motion was allowed.
Canada
11 Dec 2015
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