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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by McCarthy Tétrault LLP ordered by Published Date Descending.
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1
Alberta Court Of Appeal Confirms Super-Priority Status Of Restructuring Charges
The ongoing priority dispute between deemed trusts created under federal "fiscal statutes" (being the Income Tax Act, the Canada Pension Plan Act
Canada
5 Sep 2019
2
Post-Filing Suppliers Do Not Implicitly Benefit From Any Priority On The Proceeds Of Sales Of Assets In CCAA Proceedings
The Québec Court of Appeal confirmed that unpaid post-filing suppliers, which had neither sought a court-ordered charge to secure their post-filing claims nor availed themselves of their right to stop supplying goods ...
Canada
5 Sep 2019
3
Out Of Control: Yukon Court Lifts Stay In BC Proposal Proceedings Of Mining Company
In Yukon (Government of) v. Yukon Zinc Corporation, 2019 YKSC 39 ("Yukon Zinc"), the Yukon Supreme Court recently lifted a stay of proceedings.
Canada
29 Aug 2019
4
The Ontario Court Of Appeal Determines When It Is Appropriate To Vest Out A Royalty Interest As Part Of An Insolvency Proceeding
The Ontario Court of Appeal determines when it is appropriate to vest out a royalty interest as part of an insolvency proceeding
Canada
23 Jul 2019
5
Alberta Court Of Appeal Overturns Lower Court Decision In Reid-Built
In a 2018 judgment discussed here, the Alberta Court of Queen's Bench held that, by virtue of s. 348 of the Municipal Government Act, municipal tax claims could take priority over a Receiver's charge
Canada
20 Jun 2019
6
Alberta Court Of Appeal Confirms Municipal Taxes On Linear Property Constitute Unsecured Claims
The Alberta Court of Appeal recently upheld an unreported decision of the Court of Queen's Bench that unpaid taxes on linear property formed only unsecured claims against the debtors.
Canada
30 May 2019
7
(Not) So Long, Astoria: Only 10 Days To Appeal Orders In Receivership Proceedings
In Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269, ("Astoria") the Ontario Court of Appeal recently held that appeals of decisions rendered pursuant
Canada
1 May 2019
8
Form Over Substance: Structuring A Mining Joint Venture
2018 has seen a marked uptick in the use of the mining joint venture (JV) in the industry as mining companies spend more on exploration and look for strategic partners ...
Canada
4 Mar 2019
9
Quebec Court Of Appeal Decision In Bluberi CCAA Proceedings:
PLAN SPONSOR ENTITLED TO VOTE AS CREDITOR AND CREDITOR APPROVAL REQUIRED TO IMPLEMENT LITIGATION FUNDING AGREEMENT.
Canada
14 Feb 2019
10
Supreme Court Of Canada Overturns The Alberta Court Of Appeal's Decision In Redwater
On February 1, 2019, the Supreme Court of Canada (SCC) released its highly anticipated decision in the Orphan Well Association v Grant Thornton Limited, 2019 SCC 5 (Redwater).
Canada
13 Feb 2019
11
Redwater – SCC Delivers The Final Word
On February 1, 2019, the Supreme Court of Canada (SCC) released its highly anticipated decision in the Orphan Well Association, et al. v. Grant Thornton Limited, et al, 2019 SCC 5 (Redwater).
Canada
11 Feb 2019
12
Highlights Of 2018 Canadian Restructuring Law
The priority debate between secured creditors and taxation authorities is not limited to claims arising under the ETA.
Canada
22 Jan 2019
13
Supreme Court Of Canada Rules In Favour Of Lenders In Callidus
In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a repayment from its borrower prior to bankruptcy when the borrower...
Canada
23 Nov 2018
14
Ontario Court Orders Franchisee In Pet Valu Class Action To Pay $1.7 Million In Costs
In Pet Valu Canada Inc. v. Rodger, 2018 ONSC 3353, the Ontario Superior Court of Justice ordered the sole shareholder of the representative plaintiff in the Pet Valu class action to pay the franchisor's costs of the class action.
Canada
9 Nov 2018
15
Catch Me If You Can: The Court's Jurisdiction To Annul Bankruptcies Commenced In Other Provinces
In Arrangement relatif ŕ Ferreira, 2018 QCCS 3891 ("Ferreira"), the Quebec Superior Court recently annulled an assignment in bankruptcy that had been filed in Ontario
Canada
20 Sep 2018
16
Robust Information About Purchasers/Assignees May Be Required Before Contracts Will Be Assigned Under The CCAA
In Dundee Oil and Gas Limited (Re), 2018 ONSC 3678, Justice Dunphy provided some important guidance on information that should be provided to the court in support of a motion...
Canada
6 Aug 2018
17
Receivership Charges And Municipal Tax Claims: The Priority Debate Continues
On November 2, 2017, the Reid-Built group of companies were placed into receivership by the entry of a consent receivership order based on the Alberta Template Receivership Order.
Canada
27 Jun 2018
19
Top Insolvency Cases And Highlights From 2017 – Part 2
We previously published Part 1 of our survey of interesting and important developments in Canadian insolvency and restructuring matters in 2017.
Canada
28 Feb 2018
20
Strata Wind-Up And Sale Process: A Practical Overview
As reported in a previous blog post, the B.C. Strata Property Act was recently amended to make it easier for strata corporations to wind themselves up.
Canada
13 Feb 2018
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