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Searching Content indexed under Financial Restructuring 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
(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
4
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
5
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
6
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
7
Deemed Trust For Unremitted Withholdings Trumps Interim Financing Charge In Recent Nova Scotia Supreme Court Decision
With respect to the first reason, the court found that Temple went too far in extending the analogy of the floating charge to secured creditors.
Canada
1 Sep 2017
8
Key Employee Retention Plans In CCAA Proceedings
Key Employee Retention Plans are a common feature in restructurings occurring under the Companies' Creditors Arrangement Act.
Canada
5 Jul 2017
9
Success Fees And Super-Priority Charges In CCAA Proceedings
The restructuring of Sanjel Corporation and its affiliates continues to provide interesting developments on the application and interpretation of the Companies' Creditors Arrangement Act.
Canada
14 Mar 2017
10
Third-Party Releases In CCAA Plans Of Compromise And Arrangement
It is well-established that Canadian courts have jurisdiction to approve a plan of compromise or arrangement under the Companies' Creditors Arrangement Act that includes releases in favour of third-parties.
Canada
23 Jan 2017
11
Yukon Zinc Corporation (Re), 2015 BCSC 1961
Yukon Zinc, the owner of the Wolverine Mine in the Yukon, commenced restructuring proceedings in March 2015 under the Companies' Creditors Arrangement Act (CCAA).
Canada
29 Mar 2016
12
Spyglass Agreement Presents Consensual Solution To LMR Challenges
The LMR program is well-known to persons active in the industry and reflects a comparison of a company's deemed assets to its deemed liabilities.
Canada
4 Mar 2016
13
Ending Too-Big-To-Fail –TLAC And The Canadian Bail-In Regime
Following the financial crisis, a number of reforms have been proposed, both in Canada and internationally, aimed at limiting the risk of future taxpayer funded bail-outs for the largest financial institutions...
Canada
14 Jan 2016
14
CCAA Debtor In Possession Financing Without "Adequate Protection"
There are a number of similarities between restructuring legislation in Canada and the United States.
Canada
14 Jan 2016
15
Supreme Court Of Canada Releases Decision in Indalex
A summary of a number of rulings made by the Supreme Court of Canada, which are of significance for lenders, employers and pension plan administrators of Ontario-registered defined benefit pension plans.
Canada
11 Feb 2013
16
Farley's Reflections: Sunrise, Sunset
Sunrise, sunset. Perhaps a matchmaker would have helped. The saga of the dispute between Ventas, Inc. and Health Care Property Investors, Inc. arose five years ago when Sunrise Senior Living Real Estate Investment Trust’s "board of trustees determined that a strategic sale process of its assets would be beneficial to its unitholders, thus effectively putting Sunrise ‘in play’ on the public markets" (per Blair J.A. for the Ontario Court of Appeal) in Ventas, Inc. v. Sunrise Senior Living Real Est
Canada
16 Sep 2011
17
Doing Business In Canada
Developed by McCarthy Tétrault and recently updated for 2011, Doing Business in Canada provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as they enter into a business venture in Canada.
Canada
 
4 Apr 2011
18
Cross-Border Insolvencies Challenges Of Litigation In A Global Economy
Insolvency is a condition which is inherently chaotic. With the effluxion of time and no stabilization of distracting factors, value evaporates. Resources are not fully utilized – indeed in some instances, the scarce resources are completely discarded. Often these resources are intangibles – namely the goodwill which is built up in a business organization and its workforce. This is not the goodwill that enhances the value of a business by its location, say a newsstand in a subway station.
Canada
26 Sep 2006
19
Globalization - General Overview as Seen from Developed Countries - Part 3
Globalization is a tool. It can be well used and therefore be to the advantage of those affected – i.e. affected in a very positive way. It may also be ill used and therefore be to the disadvantage of those affected – initially this will have the negative effect upon the weaker countries or regions of the world but eventually all will have the problem of letting an opportunity slip through their collective fingers of sharing a maximized wealth.
Canada
22 Sep 2006
20
Globalization - General Overview As Seen From Developed Countries - Part 2
Globalization is a tool. It can be well used and therefore be to the advantage of those affected – i.e. affected in a very positive way. It may also be ill used and therefore be to the disadvantage of those affected – initially this will have the negative effect upon the weaker countries or regions of the world but eventually all will have the problem of letting an opportunity slip through their collective fingers of sharing a maximized wealth.
Canada
22 Sep 2006
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