Canada: Insolvency/Bankruptcy/Re-Structuring

Two recent Federal Court decisions bring welcome clarity to the scope of the Gillette defence – the argument that a defendant cannot infringe a valid patent because its product is the same as what the prior art already disclosed.

Court-appointed receivers, monitors and trustees in Canadian insolvency proceedings hold a unique position as officers of the court. A fundamental question arises in Alberta practice: under what circumstances may parties cross-examine these court officers on the contents of their reports? Alberta courts have established clear principles governing when such examination is permitted and the stringent requirements parties must meet to justify questioning these neutral insolvency professionals.

In 1001270243 Ontario Inc. (formerly Synaptive Medical Inc.), 2026 ONSC 3967, the Ontario Superior Court of Justice (Commercial List) ruled that terminated employees can access Wage Earner Protection Program (WEPP)...