Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Stikeman Elliott LLP
Le 1er mars 2018, la Société d'assurance-dépôts du Canada (la « SADC ») a publié la mise à jour de son document d'orientation intitulé Droits de résiliation de contrats financiers admissibles en situation de règlement de faillite.
Lindsay Kenney LLP
Every entrepreneur facing financial difficulty spends a great deal of their time and energy trying to minimize the costs incurred by their business in an effort to stay operating or maximize the return from a sale of the business' assets.
Torkin Manes LLP
Almost one year ago, in an article entitled "Are Forbearance Agreements on the Endangered Species List? The Effect of Canada v. Callidus Capital on Lender's Dealings with Insolvent Borrowers"...
Bennett Jones LLP
In a unanimous decision issued November 8, 2018, the Supreme Court of Canada granted the appeal of the decision of the Federal Court of Appeal in Canada v Callidus Capital Corp, 2017 FCA 162.
Gardiner Roberts LLP
Callidus Capital has struck back against what some call the evil empire aka CRA.
Langlois lawyers, LLP
In this matter, the debtor Cheese Factory Road Holdings Inc. ("Cheese Factory") had collected but failed to remit GST/HST to the Crown between 2010 and 2013.
Miller Thomson LLP
The Manitoba Court of Appeal has held that a bankrupt, who had previously unsuccessfully applied to set aside a bankruptcy order on the ground that the creditor seeking bankruptcy...
Blake, Cassels & Graydon LLP
The recent restructuring proceedings of Concordia International Corp. (Concordia) demonstrate that the arrangement provisions of the Canada Business Corporations Act (CBCA) remain as a powerful tool for balance sheet restructurings in Canada.
Goldman Sloan Nash & Haber LLP
There are many similarities between the sale of assets through a bankruptcy sale in the United States under Section 363 of the U.S. Bankruptcy Code and the sale of assets under Canada's Companies'...
Blake, Cassels & Graydon LLP
This is the fourth and final instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
Torys LLP
While the interest stops rule has been codified in the Bankruptcy and Insolvency Act2 and the Winding-Up and Restructuring Act ...
Norton Rose Fulbright Canada LLP
The purpose of such a claim is obviously to maximize the value of the debtor's assets for the benefit of its creditors.
McCarthy Tétrault LLP
In Arrangement relatif à Ferreira, 2018 QCCS 3891 ("Ferreira"), the Quebec Superior Court recently annulled an assignment in bankruptcy that had been filed in Ontario
Goldman Sloan Nash & Haber LLP
Mario Forte wrote Commercial Landlords Active Stakeholders in CCAA Restructurings for the Fall/Winter edition of Rebuilding Success magazine.
Bennett Jones LLP
On June 26, 2018, Regional Senior Justice Morawetz of the Ontario Superior Court of Justice granted an order approving a plan of arrangement under the Canada Business Corporations Act ("CBCA") ...
Bentham IMF Capital Limited
As the interest in litigation funding continues to grow, insolvency practitioners in Canada and the U.S. are increasingly considering its value.
Bentham IMF Capital Limited
A recent article in the Law Times provides a timely update to the Canadian bar on the demonstrable benefits of litigation funding.
Borden Ladner Gervais LLP
The Québec Superior Court recently rendered a judgment (Francis v. Adobe 2018 QCCS 2547) confirming that a bankrupt's debt may be declared non-releasable by a discharge order pursuant to section 178
McCarthy Tétrault LLP
In Dundee Oil and Gas Limited (Re), 2018 ONSC 3678, Justice Dunphy provided some important guidance on information that should be provided to the court in support of a motion...
Gowling WLG
In an insolvency, the three heads of set-off (contractual, legal and equitable) each represent a powerful means of effectively jumping the queue and circumventing the ordinary priority scheme...
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Norton Rose Fulbright Canada LLP
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.
Miller Thomson LLP
The Manitoba Court of Appeal has held that a bankrupt, who had previously unsuccessfully applied to set aside a bankruptcy order on the ground that the creditor seeking bankruptcy...
Goldman Sloan Nash & Haber LLP
There are many similarities between the sale of assets through a bankruptcy sale in the United States under Section 363 of the U.S. Bankruptcy Code and the sale of assets under Canada's Companies'...
Blake, Cassels & Graydon LLP
This is the fourth and final instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
Blake, Cassels & Graydon LLP
The recent restructuring proceedings of Concordia International Corp. (Concordia) demonstrate that the arrangement provisions of the Canada Business Corporations Act (CBCA) remain as a powerful tool for balance sheet restructurings in Canada.
McCarthy Tétrault LLP
In Pet Valu Canada Inc. v. Rodger, 2018 ONSC 3353, the Ontario Superior Court of Justice ordered the sole shareholder of the representative plaintiff in the Pet Valu class action to pay the franchisor's costs of the class action.
Blaney McMurtry LLP
This was a busy week for the Court of Appeal. Topics covered included family law, wrongful dismissal, wills and estates, insurance coverage, tort liability of employees, workplace safety, police liability, ...
Aird & Berlis LLP
Aird & Berlis is pleased to present the September 2018 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law, and is intended for those planning to start, acquire or invest in a business in Canada.
Aird & Berlis LLP
Encrypted digital currencies ("cryptocurrencies"), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny.
Brauti Thorning Zibarras LLP
When an insolvent company contemplates filing for creditor protection under one of Canada's principle restructuring statutes, it may require interim financing or, as more typically referred to in...
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