Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Dentons
On April 8, 2019, the federal government introduced Bill C 97, An Act to Implement Certain Provisions of the Budget Tabled in Parliament On March 19, 2019 and Other Measures.
Torys LLP
Twenty years after the introduction of section 11.01, it is clear this provision has failed to live up to the promise of Quintette. Section 11.01 has effectively been replaced by a model order regime.
Torys LLP
The United States Bankruptcy Code takes a different approach in principle from the CCAA with respect to post-filing obligations. American legislators, however, have codified specific post-filing
McCarthy Tétrault LLP
In Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269, ("Astoria") the Ontario Court of Appeal recently held that appeals of decisions rendered pursuant
Aird & Berlis LLP
In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made
Norton Rose Fulbright Canada LLP
The case is causing uncertainty throughout Canada's secured lending community, which now faces new and unexpected risks.
Norton Rose Fulbright Canada LLP
The Supreme Court of Canada recently released its decision in Orphan Well Association v Grant Thornton Limited, (Redwater).
Borden Ladner Gervais LLP
The Defendant was a dentist who had executed a personal guarantee on July 7, 2011 in favour of the Plaintiff (the "Bank") in order to secure payment of the indebtedness of the Defendant's professional
Bennett Jones LLP
in September 2018, Concordia International Corp. and Concordia Healthcare Limited implemented a plan of arrangement under the CBCA that has the potential to expand the use of the CBCA arrangement provision...
Bennett Jones LLP
Section 192, the plan of arrangement provision in the Canada Business Corporations Act (CBCA), is an increasingly popular means of facilitating corporate debt restructurings and recapitalizations.
Rogers Partners LLP
This time last year, a rare five-member panel of the Ontario Court of Appeal rendered a decision in Douglas v. Stan Fergusson Fuels Ltd. The decision involved the intersection of subrogation and bankruptcy law.
Cox & Palmer
The Supreme Court of Canada ("SCC") released its decision in Orphan Well Association v Grant Thornton Ltd., 2019 SCC 51 ("Redwater") on January 31, 2019
Bennett Jones LLP
The Alberta Court of Queen's Bench has issued several conflicting decisions on whether a stay of proceedings in an insolvency matter should be temporarily lifted to allow enforcement of a contractual right to...
Blake, Cassels & Graydon LLP
On February 4, 2019, the Quebec Court of Appeal (Court of Appeal) ruled in the restructuring proceedings of Bluberi Gaming Technologies Inc., now 9354‑9186 Québec Inc., et al.
Borden Ladner Gervais LLP
In February 12, 2019, the Alberta Court of Appeal released its decision in Northern Sunrise County v Virginia Hills Oil Corp ("Virginia Hills").
Torys LLP
The Alberta Court of Appeal dismissed the appeal of three Alberta municipalities in Northern Sunrise County v Virginia Hills Oil Corp, 2019 ABCA 61 (Virginia Hills).
Langlois lawyers, LLP
On January 31, 2019, the Supreme Court of Canada decided, in Orphan Well Association v. Grant Thornton Ltd., that a provincial regulator, in this case the Alberta Energy Regulator (the "AER"),
Borden Ladner Gervais LLP
In the recent landmark decision of The Guarantee Company of North America v. Royal Bank of Canada, a unanimous five judge panel of the Ontario Court of Appeal provided guidance as to whether statutory
Fasken (French)
Comme Yeats l'a écrit dans son poème intitulé La Seconde venue : « L'anarchie se déchaîne sur le monde »[1]. Bien qu'on ne puisse pas à proprement parler d'anarchie ...
McCarthy Tétrault LLP
PLAN SPONSOR ENTITLED TO VOTE AS CREDITOR AND CREDITOR APPROVAL REQUIRED TO IMPLEMENT LITIGATION FUNDING AGREEMENT.
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Watson Goepel LLP
The use of trusts and other vehicles for business and asset protection purposes is a long-standing practice.
Blaney McMurtry LLP
Below are summaries of the civil decisions released by the Court of Appeal for Ontario this week.
Torys LLP
"[B]ankruptcy is not a license to ignore rules"—so said the majority in Canada's highest court in the Redwater decision, holding that there was no conflict between Albertan energy and environmental legislation and...
Aird & Berlis LLP
In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made
Lawson Lundell LLP
The SCC in Redwater Confirms the Oil and Gas Industry Status Quo: Bankruptcy is Not a Licence to Disregard Environmental Rules
Aird & Berlis LLP
Canada welcomes international participants in its economy and business community. A focus of Aird & Berlis LLP is to represent international clients investing in Canada
CLC (Canadian Litigation Counsel)
In Yehya v Thomas, 2019 ABCA 164, the court of appeal revisited the test for setting aside a default judgment where there is a procedural flaw.
WeirFoulds LLP
Having become a secured creditor, GM then sought to put Trillium into bankruptcy and to collect on the Costs Award in priority to class counsel.
Miller Thomson LLP
Late in 2018, the Saskatchewan Legislature introduced Bill 151, which amends The Personal Property Security Act, 1993 (Saskatchewan) (the PPSA).
McCarthy Tétrault LLP
In Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269, ("Astoria") the Ontario Court of Appeal recently held that appeals of decisions rendered pursuant
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