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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
Ignorance May Not Be Bliss, But It Can Be Beneficial: Evidence Of The Conduct Of A Judgment Creditor Can Be Used In Certain Circumstances To Engage Section 178(1)(D) Of The Bankruptcy And Insolvency Act
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
Canada
11 Apr 2019
2
Alberta Court Of Appeal Confirms Superpriority For Receiver's Fees And Costs
In the recent decision of Edmonton (City) v Alvarez & Marsal Canada Inc., 2019 ABCA 109, the Alberta Court of Appeal has concluded that fees and costs incurred by a court-appointed receiver should have priority.
Canada
11 Apr 2019
3
No Lien For Linear Property Taxes – The Alberta Court Of Appeal Resolves A Priority Contest Between Secured Creditors And Municipalities
In February 12, 2019, the Alberta Court of Appeal released its decision in Northern Sunrise County v Virginia Hills Oil Corp ("Virginia Hills").
Canada
27 Feb 2019
4
Provincial Statutory Trusts In Insolvency Proceedings: The Guarantee Company Of North America V. Royal Bank Of Canada
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
Canada
21 Feb 2019
5
Redwater Decision
On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association v. Grant Thornton Ltd., popularly known as Redwater.
Canada
11 Feb 2019
6
Super-Priority For Environmental Liabilities In Insolvencies - A Comment On The Supreme Court Of Canada's Decision In Redwater
On January 31, 2019, the Supreme Court of Canada released its landmark decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 ("Redwater").
Canada
8 Feb 2019
7
KEIP-ing The Right People For The Job: Ontario Superior Court Outlined The Factors It Will Take Into Consideration When Approving Key Employee Retention Plans And Key Employee Incentive Plans
AP Inc. and Aralez Pharmaceuticals Canada Inc. brought an application to the Ontario Superior Court under the CCAA concurrently with a United States Chapter 11 proceeding brought by affiliated entities. the Applicants.
Canada
29 Jan 2019
8
Construction Lien Act Trust Survives Challenge
On January 14, 2019, the Ontario Court of Appeal released its much anticipated decision addressing the interaction between the trust provisions of the Ontario CLA and the BIA in The Guarantee Company of North America...
Canada
23 Jan 2019
9
Supreme Court Of Canada Callidus Decision Provides Certainty To CRA Deemed Trust Rules
On November 8, 2018, in a decision delivered unanimously from the bench, the Supreme Court of Canada confirmed that the Crown's superpriority over unremitted Goods and Services Tax/Harmonized Sales Tax (GST/HST) is ineffective against a secured creditor who received, prior to a tax debtor's bankruptcy, proceeds from that taxpayer's assets.
Canada
28 Nov 2018
10
Doing Business In Canada 2019
Canada's legal system is based on English common law, applied in nine provinces and three territories; and French civil law ...
Canada
16 Nov 2018
11
New Judgment Clarifies When Bankruptcy Debt May Be Declared Non-Releasable
The Québec Superior Court recently rendered a judgment (Francis v. Adobe 2018 QCCS 2547) confirming that a bankrupt's debt may be declared non-releasable by a discharge order pursuant to section 178
Canada
16 Aug 2018
12
Gross Overriding Royalty As Interest In Land – The Clear Language Conundrum Continues
In 2002 the Supreme Court of Canada, in Bank of Montreal v Dynex affirmed that GOR interests could constitute interest in land provided the parties so intended and that intention was sufficiently evidenced...
Canada
30 May 2018
13
The Bankruptcy And Insolvency Act Trumps The Subrogation Rights Of An Insurer
The plaintiffs in the underlying action, Art and Wendy Douglas, owned property in Kingston where there was an oil leak in January of 2008.
Canada
4 May 2018
14
Supreme Court Of Canada To Rule On CRA Superpriorities
On March 22, 2018, the Supreme Court of Canada granted leave to appeal in Canada v Callidus Capital Corporation1 ("Callidus"), meaning the extent of the post-bankruptcy superpriority ...
Canada
11 Apr 2018
15
King Of The Hill: A Priority Dispute Between Lien Claimants And Secured Creditors In A Bankruptcy
In Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. the Court was asked to determine the priority of claims in a bankruptcy between Royal Bank of Canada (the "Bank")...
Canada
22 Mar 2018
16
Ontario Superior Court Lifts Stay to Allow Foreign Litigation To Proceed
Urbancorp Inc., a large real estate development company involved in various projects in the Greater Toronto Area, became subject to proceedings under the Companies' Creditors...
Canada
7 Mar 2018
17
2017 Year In Review: Top 10 Judicial Decisions And Trends Of Import To The Canadian Energy Industry
In 2017, Canadian courts released an unusually large number of decisions affecting the energy industry directly.
Canada
19 Jan 2018
19
A Lender Does Does Not Have A Duty To Advance New Money...
The Court of Appeal has released a decision stating that the common law duty of honest contractual performance does not necessarily require a lender to lend new money.
Canada
13 Dec 2017
20
Court Restates Law On The Defence Of Material Alteration To Guarantees
Ms. Zuk provided a personal guarantee for the business her husband founded. Ms. Zuk was also an accountant, and was Silverado's sometime bookkeeper and shareholder prior to her divorce...
Canada
8 Dec 2017
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