Mondaq Canada: Insolvency/Bankruptcy, Re-structuring
It has long been standard practice for Court-appointed receivers, monitors and trustees in bankruptcy to include comprehensive disclaimer language in the reports they submit to Court in connection with insolvency proceedings.
A discussion on the decision of the Alberta Court of Queen's Bench in Kasten Energy Inc. v. Shamrock Oil & Gas Ltd., 2013 ABQB 63.
A discussion on the Supreme Court of Canada decision on the priority given to pension fund deficiencies, in the context of an insolvency.
On February 1, 2013, the Supreme Court overturned a controversial decision of the Ontario Court of Appeal which granted pension beneficiaries priority over DIP lenders in the context of a restructuring under the Companies’ Creditors Arrangement Act ("CCAA").
Morris Kaiser’s trustee in bankruptcy, Soberman Inc., thought it smelled a rat: while claiming to be impecunious, Kaiser appeared to be living a life of ‘some means’, which included trips to casinos in the US.
The meltdown of the world economy from early 2007 through the end of 2011 and which is still ongoing is unparalleled.
Domenico Magisano, Commercial Litigation Partner at Lerners LLP, discusses generally what happens when a company is insolvent and how restructuring tools can be used to help companies emerge from insolvency stronger.
Parties may need to proceed cautiously in enforcing contractual rights and remedies in circumstances where there is a risk of the counterparty subsequently becoming insolvent.
The Supreme Court of Canada’s decision in Sun Indalex Finance, LLC v United Steelworkers, 2013 SCC 6, has a number of implications for employers, pension plan administrators, as well as both secured and unsecured creditors.
In October 2012, The Futura Loyalty Group Inc. commenced proceedings under the Companies’ Creditors Arrangement Act.
On February 1, the Supreme Court of Canada released its long-awaited decision in Sun Indalex Finance, LLC v. United Steel Workers.
An analysis of the recent Indalex decision.
The Supreme Court of Canada has recently released its much-awaited decision in the Indalex case.
The Supreme Court of Canada’s decision in the case of Re Indalex Ltd. does not, as one national newspaper put it place "creditors before pensioners".
Swaps market participants accepting cash collateral from an entity subject to Ontario provincial pension benefits legislation will want to consider the implications of this decision on their priority.
The Supreme Court of Canada has recently released its highly anticipated decision in Indalex Limited.
On February 1, 2013, the Supreme Court of Canada released its decision in Sun Indalex Finance, LLC v. United Steelworkers.
Give This Post Superpriority – Supreme Court Decides Sun Indalex Finance, LLC v. United Steelworkers
A discussion on the much-anticipated Supreme Court decision in Sun Indalex Finance.
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.
A discussion on the Supreme Court recent judgment in the a case of interest to Canadian businesses and professions.
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A discussion on the Supreme Court of Canada decision on the priority given to pension fund deficiencies, in the context of an insolvency.
In Kasten Energy Inc. v. Shamrock Oil & Gas Ltd., 2013 ABQB 63, the Alberta Court of Queen’s Bench considered the application of Kasten Energy Inc. to appoint a receiver over all of the assets and undertakings of Shamrock Oil & Gas Ltd..
On April 2, 2013, Justice Mesbur of the Ontario Superior Court of Justice granted an application brought by Business Development Bank of Canada.
The "Companies’ Creditors Arrangement Act" is by far the most flexible Canadian law under which a corporation can restructure its business.
This decision is significant for its discussion of the independence of expert witnesses and whether a lack of independence goes to the issue of the weight to be afforded to that evidence, or, conversely, its admissibility.
The insolvent metal processing company, Timminco, is attempting a new twist to "cleanse" creditors of environmental claims through insolvency law.
In turbulent and uncertain financial times, employers and employees more often than ever find themselves immersed in and affected by insolvency proceedings.
Shareholders often overlook the need to properly document loan advances in their haste to provide funds to the company, without being aware of the significant consequences that can result.
