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Searching Content from Canada indexed under Financial Restructuring ordered by Published Date Descending.
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1
Conclusion
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 Section 11.01 has effectively been replaced by a model order regime.
Canada
3 May 2019
2
(Not) So Long, Astoria: Only 10 Days To Appeal Orders In Receivership Proceedings
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
Canada
1 May 2019
3
Concordia: Novel Features In A CBCA Restructuring
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...
Canada
27 Mar 2019
4
The Expanded Use Of The CBCA In Debt Restructurings
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.
Canada
27 Mar 2019
5
Improper Purpose By A Creditor? The Quebec Court Of Appeal Weighs In
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.
Canada
27 Feb 2019
6
Supreme Court Of Canada Overturns Alberta Court Of Appeal In Orphan Well Association v Grant Thornton Ltd.
On May 12, 2015, Redwater Energy Corporation (Redwater), a junior oil and gas company active in Alberta, was put into receivership.
Canada
6 Feb 2019
7
Highlights Of 2018 Canadian Restructuring Law
The priority debate between secured creditors and taxation authorities is not limited to claims arising under the ETA.
Canada
22 Jan 2019
8
Assign At The Dotted Line: CCAA Assignment Orders And Their Impact On The Contracts Assigned – The SM Group Case
On December 10, 2018, the Superior Court of Quebec (Court) released an important judgment concerning the assignment of contracts under the Companies' Creditors Arrangements Act (CCAA) ...
Canada
17 Jan 2019
9
Supreme Court Of Canada Rules Against Canada Revenue Agency In GST/HST Deemed Trust Case
In a rare decision from the bench, the Supreme Court of Canada ("SCC") allowed the appeal of Callidus Capital Corporation in the matter of Callidus Capital Corporation v Her Majesty the Queen.
Canada
30 Nov 2018
10
A Closer Look At Illicit Loans And Financial Assistance In Newfoundland And Labrador
A few years ago, we canvassed the now outdated and antiquated financial assistance (or illicit loan) provisions that remain in the Newfoundland and Labrador Corporations Act (the "Act") ...
Canada
20 Nov 2018
11
Litigation Funding In Canadian Insolvencies: A New Tool In The Toolbox?
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.
Canada
25 Oct 2018
12
Concordia International Corp.'s Canada Business Corporations Act Proceedings Explained
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.
Canada
22 Oct 2018
13
Approval Of Third-Party Releases Under The CCAA: The Court Lowers The Bar In Aquadis
The purpose of such a claim is obviously to maximize the value of the debtor's assets for the benefit of its creditors.
Canada
24 Sep 2018
14
Commercial Landlords Active Stakeholders In CCAA Restructurings
Mario Forte wrote Commercial Landlords Active Stakeholders in CCAA Restructurings for the Fall/Winter edition of Rebuilding Success magazine.
Canada
13 Sep 2018
15
Equity Claims Relief Granted As Part Of CBCA Restructuring
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") ...
Canada
12 Sep 2018
16
Use Of Roll-Ups In Canadian CCAA Cases Is Hotly Debated
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...
Canada
23 Apr 2018
17
Top Insolvency Cases And Highlights From 2017 – Part 2
We previously published Part 1 of our survey of interesting and important developments in Canadian insolvency and restructuring matters in 2017.
Canada
28 Feb 2018
18
Strata Wind-Up And Sale Process: A Practical Overview
As reported in a previous blog post, the B.C. Strata Property Act was recently amended to make it easier for strata corporations to wind themselves up.
Canada
13 Feb 2018
19
A Client Asked Us: GSAs And Share Pledge Agreements
If a lender has a general security agreement (GSA) from its borrower, should it also have a share pledge agreement to cover the shares held by the borrower in its subsidiaries?
Canada
20 Dec 2017
20
Recent Developments In Canadian Insolvency Case Law: What Lenders Need To Know
In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings.
Canada
8 Dec 2017
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