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Searching Content indexed under Insolvency/Bankruptcy by Norton Rose Fulbright Canada LLP ordered by Published Date Descending.
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1
Clawback Proceedings In Bankrupt Ponzi Schemes
The scheme collapsed in July 2013 as Golden Oaks went into receivership.
Canada
7 Nov 2019
2
Ontario Appellate Court Sets Some Limits On Selling Free And Clear Of Encumbrances In Canada: Third Eye Capital Corporation v. Dianor Resources Inc.
Insolvency proceedings are often used by debtors to sell assets, or entire going concern businesses, "free and clear" of encumbrances in an efficient and expedited manner to maximize recoveries for both secured and unsecured creditors.
Canada
5 Nov 2019
3
Seismic Shift For Lenders To The Resource Sector: Supreme Court Of Canada Rules That A Company's Environmental Liability Can Rank In Priority To Secured Debt
The case is causing uncertainty throughout Canada's secured lending community, which now faces new and unexpected risks.
Canada
17 Apr 2019
4
Expanding Redwater Beyond Oil And Gas: Can Other Regulators Enforce Orders In An Insolvency?
The Supreme Court of Canada recently released its decision in Orphan Well Association v Grant Thornton Limited, (Redwater).
Canada
12 Apr 2019
5
Redwater Overturned By Supreme Court Of Canada: A Provincial Regulator May Insist On The Satisfaction Of Environmental Liabilities In An Insolvency
In a 5:2 decision issued earlier today, the Supreme Court of Canada overturned the Alberta Court of Appeal's decision in Orphan Well Association v Grant Thornton Ltd. (also known as Redwater).
Canada
6 Feb 2019
6
Common Sense Prevails: Secured Creditors Not Liable Under GST/HST Deemed Trust Post-Bankruptcy
On November 8, the Supreme Court of Canada delivered a final ruling on an issue raised by s. 222 of the Excise Tax Act (the ETA): whether the Crown has a personal right of action ...
Canada
26 Nov 2018
7
Litigation Funding In Canadian Insolvencies: A New Tool In The Toolbox?
The high (and rising) cost of complex commercial litigation proceedings remains one of the defining features of litigation in Ontario, and across Canada more broadly.
Canada
25 Oct 2018
8
Rising Retail Bankruptcies Present Ample Opportunity For Distressed Investors
The recent giant retail bankruptcy filings by Toys ‘R' Us and Sears Canada are not standalone cases in the retail sector.
Canada
7 Nov 2017
9
Picking It Up For A Song: Deal Considerations When Purchasing A Distressed Business
Although a growing body of evidence—from job numbers to stock price figures—suggests that the Canadian economy is set for strong growth this year, there will always be companies...
Canada
30 May 2017
10
National Insolvency Review
Alberta's oil and gas regulatory regime has once again clashed with the Companies' Creditors Arrangement Act
Canada
28 Jun 2016
11
Notice Entitlements Under The Bankruptcy And Insolvency Act
When a company files for bankruptcy, employees are faced with uncertainty on a number of issues.
Canada
24 Sep 2015
12
The "Bitter Bidder": Late Bids In Insolvency Sales Processes
An insolvent entity will often have one or more businesses that, once separated from the insolvent organization or cleansed of their existing liabilities, is quite attractive acquisition targets.
Canada
29 May 2015
13
Acquisitions In An Insolvency Context: Mandatory Assignment Of Contracts
Most due diligence processes in a business acquisition context require a review of material contracts and, in particular, a review of any restrictions on assignment of those contracts.
Canada
25 Feb 2015
14
Airline Insolvency
In the event that the operator is in financial difficulties, a financier can take a number of steps to protect its position.
Canada
 
2 Feb 2015
15
Actions Speak Louder – Court Of Appeal For Ontario Confirms Debtor Creditor Relationship Between Parties To A "Broker Agreement"
In proceedings pursuant to the Companies’ Creditors Arrangement Act concerning The Cash Store Financial Services et al., the Court of Appeal for Ontario dismissed an appeal from a decision of the Superior Court of Justice (Commercial List).
Canada
5 Dec 2014
16
Court Of Appeal Rejects Use Of Equity To Override PPSA Priority Rules
The BC Court of Appeal has ruled that equitable principles cannot be used to avoid the priority scheme contained in the PPSA.
Canada
9 Apr 2014
17
Practical Implications Of The Supreme Court Of Canada’s Decision In (Re) Indalex
The Supreme Court of Canada’s decision in (Re) Indalex has changed the landscape for both lenders and borrowers in Canada who sponsor registered defined benefit pension plans.
Canada
12 Feb 2013
18
Supreme Court Of Canada Restores Super-Priority Of DIP Lenders In CCAA Proceedings
In (Re) Indalex, the Supreme Court of Canada (SCC) affirmed the super-priority of the security granted to a debtor-in-possession (DIP) lender, over a deemed trust created under provincial pension legislation, in the context of a Companies’ Creditors Arrangement Act (CCAA) proceeding.
Canada
5 Feb 2013
19
Employees’ Claims In Canadian Bankruptcy And Receivership Proceedings
In turbulent and uncertain financial times, employers and employees more often than ever find themselves immersed in and affected by insolvency proceedings.
Canada
29 Jun 2012
20
Ontario Superior Court Rules On Priorities In Insolvency Proceedings Of Environmental Orders For Historical Contamination
The Ontario Superior Court of Justice (Commercial List) has confirmed that historical environmental remediation obligations will not automatically take priority over the claims of other creditors in an insolvency, even where those obligations are framed in the form of regulatory orders.
Canada
13 Apr 2012
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