Canada: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Monitor Your Approval: Canacol Clarifies The Limits Of Report Approval Orders
In Canacol Energy Ltd. (Re) (“Canacol”), the Court of King’s Bench of Alberta (the “Court”) considered the proper scope of an order approving a monitor’s report and activities where the report addressed allegations that remained disputed and could be advanced in related Colombian proceedings.[1] The Court confirmed that interim approvals serve important purposes in insolvency proceedings, but cautioned that approval should not inadvertently determine—or appear to determine—issues that have not been adjudicated.
Canada Insolvency
F
Fasken
Article
With Death, Can There Be No Limitation Period For Sexual Assault?
I recently had reason to reconsider the question of whether, in Ontario, there is a two-year or no limitation period for sexual assault where one of the parties to the alleged assault has died. I wanted to know if there had been further case law developments on this question since my 2016 blog on the topic, “Court Breaks New Ground for Sexual Assault Cases.” I was surprised to see that, ten years later, the question has yet to be answered in a clear and conclusive manner.
Canada Criminal
LL
Lerners LLP
Article
Take Or Pay, Disclaim Or Stay: Alberta Clarifies Eligible Financial Contract Boundaries
When is a physical supply contract an eligible financial contract that cannot be disclaimed in CCAA proceedings? The Alberta Court of King's Bench provides detailed guidance on this recurring question for commodity suppliers, lenders and restructuring professionals, expressly disagreeing with earlier authority in a landmark decision involving natural gas supply agreements in Colombia.
Global Insolvency
BC
Blake, Cassels & Graydon LLP
Article
Managing Long-Tail Risk: Latent Defects, The Limitations Of Warranties, And Protecting Against Insolvent And Bankrupt Counterparties
Latent defects in construction projects often surface years after completion, creating significant financial exposure for all parties involved. This article examines how to structure warranties that effectively allocate long-tail risks, while also addressing the critical challenge of protecting against warranty providers who become insolvent or bankrupt before defects emerge.
Canada Real Estate
ML
McMillan LLP
Article
Complex Restructuring With A Simple Solution? Understanding Director Releasees Under Governing Canadian Statues
As the restructuring landscape evolves, Canadian courts continue to balance both the Companies’ Creditors Arrangement Act (“CCAA”) and associated federal taxing statutes. Two Alberta decisions; Freedom Cannabis Inc. (Re), 2025 ABKB 272 (“Freedom Cannabis”) and Delta 9 Cannabis Inc. (Re), 2025 ABKB 52 (“Delta 9”), illustrate the carful balance that exists between two of these governing federal statues.
Canada Privacy
CW
Clark Wilson LLP
Article
“Real And Substantial” Issues In Cross-Border Disputes
Lenczner Slaght, Canada's leading litigation firm, celebrates its seventh consecutive year as Litigation & Dispute Resolution Boutique Law Firm of the Year at the 2026 Canadian Law Awards. The firm welcomes 11 exceptional law students for summer positions and honors Sahar Talebi with the 2025 Dual JD Transnational Leader Award for her outstanding international contributions to the legal profession.
Canada Litigation
LS
Lenczner Slaght LLP
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