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Taylor McCaffrey
The Limitations Act, SM 2021, c 44 (the "New Act") repeals and replaces the current legislation, The Limitations of Actions Act, CCSM c L150 (the "Old Act").
Torys LLP
Insolvency and lending communities have long held a jaundiced view of proposals to give pension entitlements a special priority in the event a company becomes insolvent.
Lawson Lundell LLP
Insolvency Insider Features Successful Lawson Lundell Matter in its 'From the Courts' Newsletter.
Borden Ladner Gervais LLP
In the receivership proceedings of Distinct Infrastructure Group Inc. and its subsidiaries (collectively, DIG), the Ontario Superior Court of Justice (Commercial List) (the Court) granted the motion...
WeirFoulds LLP
In a recent decision, the Ontario Court of Appeal approved the use of "fresh" evidence in obtaining a declaration that a judgment debt for statutory breach of trust survives bankruptcy.
Torys LLP
Parties often include arbitration clauses in their contracts on the expectation that their contractual disputes will be resolved through confidential arbitration in their preferred venue.
CLC (Canadian Litigation Counsel)
The "fresh start" principle is a long-standing objective of Canada's Bankruptcy and Insolvency Act (the "BIA") that aims assist honest but unfortunate debtors by discharging debts owed to creditors.
Siskinds LLP
On August 11, 2022, global pharmaceutical and consumer products giant Johnson & Johnson ("J&J") announced that it would stop all sales of its talc-based baby powder products in 2023.
Bennett Jones LLP
One of the main benefits to a purchaser who buys oil and gas assets in a proceeding under the Companies' Creditors Arrangement Act or a receivership is the near-absolute quieting of title via a "vesting order."
Torys LLP
In 2020, the Superior Court of Québec considered for the first time a contested reverse vesting order (RVO) transaction, in the proceedings of Nemaska Lithium Inc. pursuant...
Davies Ward Phillips & Vineberg
In this issue of Davies Insolvency Now, against a backdrop of rising inflation and interest rates, we take a deep dive into the legislation that regulates rates of interest in Canada...
MLT Aikins LLP
Just because a company has gone bankrupt doesn't mean its contracts are unenforceable, the Supreme Court of British Columbia has confirmed.
Pallett Valo LLP
However, in a recent decision from the Ontario Superior Court of Justice, it was held that a debtor was permitted to sell its commercial real estate units on the eve of insolvency, despite the fact...
Gardiner Roberts LLP
Trustees in bankruptcy are granted protection from civil claims for acts and omissions under the Bankruptcy and Insolvency Act ("BIA"), as the statute requires that a plaintiff obtain leave...
Borden Ladner Gervais LLP
n Concrete Equities Inc. (Re), the Alberta Court of Queen's Bench determined that the receiver of a dissolved entity was not entitled to execute or deliver a proxy vote on behalf of the...
Gardiner Roberts LLP
Investors in a scheme that seems too good to be true should be aware that they may be liable to return the funds under principles of unjust enrichment or bankruptcy preference laws.
McCarthy Tétrault LLP
The estates had significant abandonment and reclamation obligations.
Taylor McCaffrey
The Farm Protection Regime in Manitoba is built upon a disjointed combination of Federal and Provincial Statutes. Through multiple notice requirements, various administrative stays...
Pallett Valo LLP
In a recent decision, the Ontario Court of Appeal held that the sale proceeds of a property held in trust can be applied to a beneficiary's bankruptcy obligations.
Gowling WLG
Originally part of a 26 jurisdiction Country Comparative Guide by The Legal 500, this Q&A chapter on Restructuring & Insolvency in Canada has been republished with permission.
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