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Searching Content from Canada indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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1
Results Of Summary Dismissal In PwC Claim Against Perpetual Over Sequoia Transaction
On August 15, 2019 Justice D. Blair Nixon gave oral reasons in response to an application for summary dismissal of the claim by PricewaterhouseCoopers Inc. ("PwC"), the bankruptcy trustee for Sequoia Resources Corp....
Canada
23 Aug 2019
2
Petrick (Trustee) v. Petrick, 2019 BCSC 1319 – Not All Joint Tenancies Are Created Equal
In a recent decision, the Supreme Court of British Columbia has clarified the property interests that may arise when a property is held in joint names
Canada
20 Aug 2019
3
Ontario Court Of Appeal Provides Long Overdue Guidance On Vesting Orders
The Ontario Court of Appeal recently delivered a decision which provides much-needed guidance on both the power and limitations of vesting orders in Receivership proceedings.
Canada
9 Aug 2019
4
The Basics: What Is Set Off And When Does The Right To Set Off Arise?
In certain circumstances, if a claim is proven, the defendant will be able to offset monies that are due to it from the claimant - this is known as set off.
Canada
8 Aug 2019
5
Ontario Court Of Appeal Summaries (July 29 – August 2, 2019)
Following are this week's summaries of the civil decisions of the Court of Appeal for Ontario.
Canada
8 Aug 2019
6
Creditors' Forbearance And Settlement Privilege: Not All Communications Regarding Forbearance Will Attract The Cloak Of Privilege
Bella Senior Care Residences Inc. ("BSCRI"), was the operator of a senior care facility. BSCRI owed money to Canada Life Assurance Company ("CLAC"), pursuant
Canada
6 Aug 2019
7
To Vest Or Not To Vest: Interests In Land And The Powers Of Insolvency Courts
On June 19, 2019, the Ontario Court of Appeal released its decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc
Canada
5 Aug 2019
8
Supreme Court To Consider Enforceability Of Consequences Imposed Upon Insolvency
The Supreme Court of Canada recently granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32.
Canada
29 Jul 2019
9
Ontario Court Of Appeal Provides Guidance On Vesting Orders In Receivership – And Beyond
Vesting orders have become one of the most powerful tools in an insolvency professional's toolkit, providing a purchaser with the comfort that the encumbrances contributing to the debtor's financial difficulties cannot follow to the new owner.
Canada
26 Jul 2019
10
Royalty Holders Are Invested In The Land: Court In Dianor Resources Concludes Royalties Are An Interest In Land Not To Be Vested Out
In a pair of decisions[1], the Ontario Court of Appeal considered (i) whether a gross overriding royalty (GOR) is an interest in land and (ii) whether an interest in land can be extinguished by a vesting order
Canada
25 Jul 2019
11
Dianor Resources : Les titulaires de redevances ont un intérêt foncier dont ils ne doivent pas être dessaisis
Dans deux jugements, la Cour d'appel de l'Ontario a examiné (i) si une redevance dérogatoire brute (RDB) est un intérêt foncier et (ii) si un intérêt foncier peut être éteint par une ordonnance de devolution.
Canada
24 Jul 2019
12
The Ontario Court Of Appeal Determines When It Is Appropriate To Vest Out A Royalty Interest As Part Of An Insolvency Proceeding
The Ontario Court of Appeal determines when it is appropriate to vest out a royalty interest as part of an insolvency proceeding
Canada
23 Jul 2019
13
Ontario Court Of Appeal Summaries (July 8 – 12, 2019)
In Dermann v. Baker, 2019 ONCA 584, the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure
Canada
23 Jul 2019
14
Priority Of Receivership Charges Over Construction Trusts – Ontario Court Maintains The Status Quo
A number of DMR's projects were bonded either on a payment or performance basis.
Canada
23 Jul 2019
15
Court Of Appeal Clarifies Scope Of Vesting Orders To Extinguish Interests Against Land; Royalty Interests May Be Protected
The Ontario Court of Appeal recently released its second and final decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., providing increased clarity on when interests in or against land ...
Canada
14 Jul 2019
16
Environmental Obligations Cannot Be Ignored Even In Bankruptcy: Orphan Wells Association v Grant Thornton Ltd.
With the growing concern over the environmental impacts of commercial activity, provinces have enacted and expanded
Canada
12 Jul 2019
17
Canadian Corporate & Restructuring Legislation: Changes Could Be On The Way
Bill C-97 (the "Bill") was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019
Canada
11 Jul 2019
18
Ontario Court Of Appeal Summaries (June 24 – 28, 2019)
The key decision of the week was Reference re Greenhouse Gas Pollution Pricing Act, in which the Court found the Greenhouse Gas Pollution Pricing Act (the "Act") to be constitutional
Canada
10 Jul 2019
19
Long May You Run: Ontario Court Of Appeal Clarifies The Treatment Of Mineral Royalties In Insolvency Proceedings
On June 19, 2019, the Ontario Court of Appeal (Appeal Court) released its long-anticipated decision in the second phase of the appeal in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., following...
Canada
8 Jul 2019
20
Ontario Court Of Appeal Summaries (June 17 – 21, 2019)
Following are the summaries for this week's civil decisions of the Court of Appeal for Ontario
Canada
4 Jul 2019
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