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Searching Content indexed under Financial Restructuring by Borden Ladner Gervais LLP ordered by Published Date Descending.
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Alberta Courts Confirm Restructuring Transactions With Select Creditors Not Oppressive And Comment On Availability Of The Oppression Remedy In CCAA Proceedings
The Court of Queen's Bench of Alberta confirmed that it had jurisdiction to remedy oppressive conduct while a business is restructuring under the Companies' Creditors Arrangement Act.
Canada
12 Apr 2017
2
Alberta Courts Confirm Restructuring Transactions With Select Creditors Not Oppressive
Lightstream suggests that this jurisdiction will be sparingly exercised, and courts will decline to do so where ordering such a remedy would result in creditors manoeuvering for a better position.
Canada
3 Apr 2017
3
The Effect Of On-going Insolvency And Restructuring Proceedings On Landowner Claims For Compensation Before The Alberta Surface Rights Board
The doctrine of federal paramountcy provides that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency and the remainder of the provincial legislation is unaffected.
Canada
8 Jul 2014
4
Supreme Court of Canada: GST Deemed Trusts are Inoperative in CCAA Proceedings
On December 16, 2010, the Supreme Court of Canada (SCC) released its decision in "Re Ted Leroy Trucking Ltd." In its decision, the SCC affirmed the importance of the "Companies’ Creditors Arrangement Act" (CCAA) as a flexible restructuring tool, and clarified the source and limits of the Court’s authority during CCAA proceedings.
Canada
10 Jan 2011
5
Debtor Name Changes After Receivership But Before Bankruptcy – Loss Of Priority Unless A Financing Change Statement Is Timely Filed
The recent decision of the Ontario Superior Court of Justice in the bankruptcy of 1231640 Ontario Inc. has highlighted the importance for secured creditors to maintain the perfection of their security in the event that the name of a debtor in receivership changes prior to the appointment of a trustee in bankruptcy.
Canada
 
22 Sep 2006
6
Ontario Court of Appeal Endorses Cross-Border Practice
In a decision released in May, the Ontario Court of Appeal confirmed that courts may recognize foreign orders in foreign arrangement proceedings based on the principles of private international law and effectively endorsed the principles followed by the Commercial List on section 18.6 cross-border CCAA applications.
Canada
20 Jul 2006
7
Debt Collection
Approximately one year ago the Business Practices and Consumer Protection Act (the "Act") was proclaimed into force.
Canada
 
4 Nov 2005
8
Alert: Debt Collection
Approximately one year ago the Business Practices and Consumer Protection Act (the "Act") was proclaimed into force. The Act imposed new restrictions on creditors and debt collectors’ ability to obtain consumer credit reports and prohibited certain debt collection practices.
Canada
22 Sep 2005
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