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Creditors' Forbearance And Settlement Privilege: Not All Communications Regarding Forbearance Will Attract The Cloak Of Privilege
Bella Senior Care Residences Inc. ("BSCRI"), was the operator of a senior care facility. BSCRI owed money to Canada Life Assurance Company ("CLAC"), pursuant
6 Aug 2019
Ignorance May Not Be Bliss, But It Can Be Beneficial: Evidence Of The Conduct Of A Judgment Creditor Can Be Used In Certain Circumstances To Engage Section 178(1)(D) Of The Bankruptcy And Insolvency Act
The Defendant was a dentist who had executed a personal guarantee on July 7, 2011 in favour of the Plaintiff (the "Bank") in order to secure payment of the indebtedness of the Defendant's professional
11 Apr 2019
Alberta Court Of Appeal Confirms Superpriority For Receiver's Fees And Costs
In the recent decision of Edmonton (City) v Alvarez & Marsal Canada Inc., 2019 ABCA 109, the Alberta Court of Appeal has concluded that fees and costs incurred by a court-appointed receiver should have priority.
11 Apr 2019
No Lien For Linear Property Taxes – The Alberta Court Of Appeal Resolves A Priority Contest Between Secured Creditors And Municipalities
In February 12, 2019, the Alberta Court of Appeal released its decision in Northern Sunrise County v Virginia Hills Oil Corp ("Virginia Hills").
27 Feb 2019
Provincial Statutory Trusts In Insolvency Proceedings: The Guarantee Company Of North America V. Royal Bank Of Canada
In the recent landmark decision of The Guarantee Company of North America v. Royal Bank of Canada, a unanimous five judge panel of the Ontario Court of Appeal provided guidance as to whether statutory
21 Feb 2019
Redwater Decision
On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association v. Grant Thornton Ltd., popularly known as Redwater.
11 Feb 2019
Super-Priority For Environmental Liabilities In Insolvencies - A Comment On The Supreme Court Of Canada's Decision In Redwater
On January 31, 2019, the Supreme Court of Canada released its landmark decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 ("Redwater").
8 Feb 2019
KEIP-ing The Right People For The Job: Ontario Superior Court Outlined The Factors It Will Take Into Consideration When Approving Key Employee Retention Plans And Key Employee Incentive Plans
AP Inc. and Aralez Pharmaceuticals Canada Inc. brought an application to the Ontario Superior Court under the CCAA concurrently with a United States Chapter 11 proceeding brought by affiliated entities. the Applicants.
29 Jan 2019
Construction Lien Act Trust Survives Challenge
On January 14, 2019, the Ontario Court of Appeal released its much anticipated decision addressing the interaction between the trust provisions of the Ontario CLA and the BIA in The Guarantee Company of North America...
23 Jan 2019
Supreme Court Of Canada Callidus Decision Provides Certainty To CRA Deemed Trust Rules
On November 8, 2018, in a decision delivered unanimously from the bench, the Supreme Court of Canada confirmed that the Crown's superpriority over unremitted Goods and Services Tax/Harmonized Sales Tax (GST/HST) is ineffective against a secured creditor who received, prior to a tax debtor's bankruptcy, proceeds from that taxpayer's assets.
28 Nov 2018
Doing Business In Canada 2019
Canada's legal system is based on English common law, applied in nine provinces and three territories; and French civil law ...
16 Nov 2018
New Judgment Clarifies When Bankruptcy Debt May Be Declared Non-Releasable
The Québec Superior Court recently rendered a judgment (Francis v. Adobe 2018 QCCS 2547) confirming that a bankrupt's debt may be declared non-releasable by a discharge order pursuant to section 178
16 Aug 2018
Gross Overriding Royalty As Interest In Land – The Clear Language Conundrum Continues
In 2002 the Supreme Court of Canada, in Bank of Montreal v Dynex affirmed that GOR interests could constitute interest in land provided the parties so intended and that intention was sufficiently evidenced...
30 May 2018
The Bankruptcy And Insolvency Act Trumps The Subrogation Rights Of An Insurer
The plaintiffs in the underlying action, Art and Wendy Douglas, owned property in Kingston where there was an oil leak in January of 2008.
4 May 2018
Supreme Court Of Canada To Rule On CRA Superpriorities
On March 22, 2018, the Supreme Court of Canada granted leave to appeal in Canada v Callidus Capital Corporation1 ("Callidus"), meaning the extent of the post-bankruptcy superpriority ...
11 Apr 2018
King Of The Hill: A Priority Dispute Between Lien Claimants And Secured Creditors In A Bankruptcy
In Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. the Court was asked to determine the priority of claims in a bankruptcy between Royal Bank of Canada (the "Bank")...
22 Mar 2018
Ontario Superior Court Lifts Stay to Allow Foreign Litigation To Proceed
Urbancorp Inc., a large real estate development company involved in various projects in the Greater Toronto Area, became subject to proceedings under the Companies' Creditors...
7 Mar 2018
2017 Year In Review: Top 10 Judicial Decisions And Trends Of Import To The Canadian Energy Industry
In 2017, Canadian courts released an unusually large number of decisions affecting the energy industry directly.
19 Jan 2018
A Lender Does Does Not Have A Duty To Advance New Money...
The Court of Appeal has released a decision stating that the common law duty of honest contractual performance does not necessarily require a lender to lend new money.
13 Dec 2017
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