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Searching Content indexed under Insolvency/Bankruptcy by Torys LLP ordered by Published Date Descending.
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1
OCA: Much-Needed Clarity On The Treatment Of Royalties In Insolvency Proceedings
The Ontario Court of Appeal (OCA) has released its much-anticipated decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc. (2019 ONCA 508).
Canada
25 Jun 2019
2
Still Waters Run Deep—The Ramifications Of Redwater
Oil and gas companies are still scrambling to understand exactly how the Supreme Court of Canada's precedent-setting decision
Canada
22 May 2019
3
Comparison Between Canadian And American Post-Filing Obligations
The United States Bankruptcy Code takes a different approach in principle from the CCAA with respect to post-filing obligations. American legislators, however, have codified specific post-filing
Canada
3 May 2019
4
Still Waters Run Deep: Ramifications Of Redwater
Just over a month after the SCC handed down its precedent-setting decision in Redwater (Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5)
Canada
1 Apr 2019
5
Linear Property Tax Claims Are Unsecured In Alberta
The Alberta Court of Appeal dismissed the appeal of three Alberta municipalities in Northern Sunrise County v Virginia Hills Oil Corp, 2019 ABCA 61 (Virginia Hills).
Canada
26 Feb 2019
6
SCC Says Orphan Wells Cannot Be Ignored
"[B]ankruptcy is not a license to ignore rules"—so said the majority in Canada's highest court in the Redwater decision, holding that there was no conflict between Albertan energy and environmental legislation and...
Canada
8 Feb 2019
7
The Interest Stops Rule Comes Full Circle In National Bank Of Canada V. Twin Butte Energy Ltd.
While the interest stops rule has been codified in the Bankruptcy and Insolvency Act2 and the Winding-Up and Restructuring Act ...
Canada
2 Oct 2018
8
Canada's New Intellectual Property Strategy Announced
The Government of Canada plans to invest $85.3 million in the IP Strategy over the next five years.
Canada
2 May 2018
9
Alberta Clarifies Status of Linear Property Tax Claims Under Bankruptcy and Insolvency Act
•The Court of Queen's Bench held that the Municipal Government Act, RSA 2000, c M-26 (MGA), which grants municipalities the power to levy linear property taxes in Alberta, may provide a special lien for tax arrears for taxes relating to a parcel of land.
Canada
21 Jul 2017
10
Ontario Announces Major Changes To Defined Benefit Pension Plans
On May 19, the Ontario government announced that it intends to implement various changes to the funding rules for defined benefit pension plans and buy-out annuities. The government expects to introduce...
Canada
16 Jun 2017
11
Redwater Appeal Dismissed In Favour Of Creditors
On April 24, the Court of Appeal of Alberta released its much-anticipated decision in the receivership proceedings of Redwater Energy Corporation (Redwater)...
Canada
4 May 2017
12
Wolfridge Farms Ltd.: Farms And Fights Over COMI
An article by associates Jeremy Opolosky and Laura Guest, "Wolfridge Farms Ltd.: Farms and Fights over COMI," has been published by the National Insolvency Review.
Canada
22 Dec 2016
13
Is It Still Possible To Challenge A Class Action In Québec At The Authorization Stage?
In 2016, the Québec Court of Appeal has allowed no less than five appeals from judgments that refused to authorize class actions.
Canada
28 Nov 2016
14
LBO Investors Shielded From Creditors' State Law Fraudulent Conveyance Claims
Section 546(e) securities safe harbor provision protects shareholder settlement payments in LBO transactions from constructive fraudulent conveyance attack by individual or collective creditors.
Canada
13 Apr 2016
15
Midstream And E&P Pipeline Contracts May Be Rejected In Bankruptcy Cases
On March 8, a U.S. bankruptcy judge ruled that debtor Sabine Oil & Gas Corporation (Sabine), an upstream company, was permitted to reject pipeline contracts with midstream gatherers.
Canada
22 Mar 2016
16
Intercorporate Debt And Equitable Subordination One Case Forward And One Case Back
This article explores the perplexing status of the doctrine of equitable subordination in Canada.
Canada
25 Feb 2016
17
"Court Sheds Light On Prioritizing Insolvency Claims" – National Creditor Debtor Review
An article by partners Scott Bomhof, Mitch Frazer, Tom Zverina and associate Lily Coodin, "Court Sheds Light on Prioritizing Insolvency Claims," has been republished by the National Creditor Debtor Review.
Canada
27 Jan 2016
18
Distressed M&A Opportunities Are Emerging
Canadian distressed M&A activity seems poised to rise, as low commodity prices and tight capital markets spur a re-examination of business models and balance sheets built for better times.
Canada
22 Jan 2016
19
The International Comparative Legal Guide To: Securitisation 2014
A practical cross-border insight into securitisation work.
Canada
15 May 2014
20
Ontario Court Of Appeal Decision May Create Uncertainty For Insolvent Companies With Pension Deficiencies
A ruling on April 7, 2011 by the Ontario Court of Appeal has resulted in deemed trust and unsecured breach of fiduciary duty claims in favour of pension beneficiaries being given priority ahead of court-ordered "super-priority" charges.
Canada
15 Apr 2011
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