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1
Court Counsels Engagement With Creditor Before Ruling On Proofs Of Claim
A Manitoba Court recently offered guidance on how to approach an appeal from a notice of disallowance or determination of a claim under section 135(4)
Canada
23 Sep 2019
2
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
3
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
4
An Update On The B-20 "Stress Test"
The Office of the Superintendent of Financial Institutions has indicated that Guideline B-20 is working, and that the associated "stress test" has improved the resilience of the Canadian financial system.
Canada
28 Jun 2019
5
Supreme Court Of Canada Allows Redwater Appeal: Regulator Entitled To Super-Priority For Abandonment And Reclamation Costs
A five judge majority of the Supreme Court of Canada has allowed an appeal brought by the Alberta Energy Regulator and the Orphan Well Association from the decision of the Alberta Court of Appeal ...
Canada
4 Feb 2019
6
The Queen v. Callidus Capital Corporation Overturned; Lenders Breathe A Sigh Of Relief, But For How Long?
We previously wrote about the decision in The Queen v. Callidus Capital Corporation of the Federal Court of Appeal in our Restructuring and Tax Bulletin.
Canada
6 Dec 2018
7
Canada's IP Strategy Announcement – A Litigator's Perspective
On April 26, 2018 Minister Bains announced Canada's Intellectual Property ("IP") Strategy.
Canada
30 Apr 2018
8
Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust
In a recent split decision in The Queen v. Callidus Capital Corporation, the Federal Court of Appeal decided that proceeds of sale of a debtor's assets paid to a secured creditor prior to a debtor's bankruptcy....
Canada
3 Nov 2017
9
Appeal Dismissed: Decision Of The Alberta Court Of Appeal In Re Redwater Confirms Paramountcy Of BIA
The Alberta Court of Appeal has dismissed the appeal brought by the Alberta Energy Regulator and the Orphan Well Association from the decision of the Court of Queen's Bench of Alberta...
Canada
25 Apr 2017
10
The US Trust Indenture Act, Out Of Court Restructurings And The Marblegate Decision
Given the substantial amount of capital invested in Canadian businesses by American investors a considerable number of trust indenture documents are governed by US law and are "qualified" under the Trust Indenture Act of 1939.
Canada
12 Apr 2017
11
The Enforceability of Make-Whole Clauses in Bankruptcy
When a lender makes an interest bearing loan to a borrower for a fixed term, the contract may provide that the borrower cannot repay the principal sum before maturity. This is often referred to as a "no call" provision.
Canada
30 Mar 2017
12
Broken Break Fee: Investor's Claim For A Break Fee Denied In CCAA Proceeding
A recent decision of the British Columbia Supreme Court serves as a reminder to take special care when structuring commercial transactions where the counterparty is in financial distress.
Canada
13 Feb 2017
13
Post Up: Creditor Ordered To Deposit Security For Costs In British Columbia Bankruptcy Proceeding
The tension between a trustee seeking to facilitate a proposal for the benefit of all creditors and a single creditor being forced to release its rights for the "greater good" was front and center in a recent case before the Supreme Court of British Columbia.
Canada
27 Oct 2016
14
Update: Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership
On October 7, 2015, the British Columbia Court of Appeal reversed the Supreme Court of British Columbia's decision in Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership.
Canada
9 Jun 2016
15
Redwater Appeal Creates Continued Uncertainty For Insolvent Oil And Gas Companies In Alberta
As we noted in our May 2016 bulletin, caution may continue to delay these activities until a decision on an appeal is made.
Canada
6 Jun 2016
16
New Rules For Asset Sales By Insolvent Producers (At Least For Now)
In Alberta, regulations have historically prohibited purchasers of oil and gas assets from cherry picking operating interests in economic properties while leaving behind interests in uneconomic wells.
Canada
26 May 2016
17
Recent Decisions Confirm Broad Powers Of Trustees To Examine Witnesses And Compel Documents Under The BIA
Two recent Ontario decisions confirm the wide breadth of the powers available to trustees-in-bankruptcy under the Bankruptcy and Insolvency Act to examine witnesses and compel the production of documents.
Canada
1 Apr 2016
18
Compromise With The Alberta Energy Regulator: Navigating A Receivership In Alberta's Oil Patch
On January 25, 2016, the Court of Queen's Bench of Alberta approved a Sales and Investment Solicitation Process (the "SISP") requested by the Receiver of Spyglass Resources Corp and several related companies ("Spyglass").
Canada
1 Feb 2016
19
The Supreme Court Of Canada Confirmed Today The Paramountcy Of The Bankruptcy And Insolvency Act Over License Denial Regimes
The Supreme Court of Canada released today its much awaited decision in 407 ETR, in which it upheld the decision of the Ontario Court of Appeal, and ruled that Section 22(4) of the Highway 407 Act is constitutionally inoperative to the extent that it is used to enforce a provable claim that has been discharged pursuant to section 178(2) of the Bankruptcy and Insolvency Act.
Canada
23 Nov 2015
20
Court Of Appeal Confirms The "Interest Stops Rule" Applies In CCAA Proceedings
Under the claims procedures in both the CCAA and Chapter 11 proceedings, holders of Nortel bonds (the "Bondholders") made claims for principal and pre-filing interest against the Canadian and U.S. Nortel estates.
Canada
17 Nov 2015
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