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Searching Content indexed under Insolvency/Bankruptcy by Fasken ordered by Published Date Descending.
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The Superior Court Confirms The Criteria Related To The Termination For Cause Of A Subcontracting Agreement And Resulting Damages
In July 2005, Litostroj executed two identical subcontracting contracts with Ideal for the design, production, installation, and activation of the generators.
Canada
14 May 2019
2
Secured Creditors Beware: The SCC Surprises The Insolvency World In Redwater
As Yeats said in his poem, The Second Coming: "mere anarchy is loosed upon the world". While perhaps not anarchy, certainly most insolvency practitioners ...
Canada
13 Feb 2019
3
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
4
Federal Government Proposes Reforms To How Intellectual Property And Licences Are Handled During Insolvency
On October 30, 2018, the Canadian government introduced the Budget Implementation Act, 2018, No. 2 into Parliament (we'll call it the "Bill" for ease of reference).
Canada
16 Nov 2018
5
A Cautionary Tale : Now You See It, Now You Don't!
Subsection 222(1) of the Excise Tax Act (Canada) creates a deemed trust in favour of the Crown for collected but unremitted goods and services tax/harmonized sales tax ("GST/HST")...
Canada
3 Oct 2017
6
The Repeal Of Ontario's Bulk Sales Legislation
On March 22, 2017, Ontario's Bulk Sales Act (BSA) was repealed by way of Schedule 3 of Ontario's Burden Reduction Act.
Canada
26 Jun 2017
7
Pay to Play
Thanks to a decision of the Supreme Court of British Columbia released on June 13, 2013, Court-appointed receivers can now accept appointments with greater confidence that their fees and expenses incurred in passing their accounts are recoverable from the estate - or possibly from a third party who raises opposition, if no assets remain in the estate.
Canada
14 Jul 2013
8
Indalex: DIP Lenders Smile, ABLs Frown And Directors Are Perplexed
On February 1, 2013, the Supreme Court of Canada released its decision in Sun Indalex Finance, LLC v. United Steelworkers.
Canada
12 Feb 2013
9
Indalex, Shmindalex! Ontario Court Of Appeal Decision Confirms That DIP Priority Is In The Hands Of The CCAA Court
In the recent decision in the CCAA Proceedings of Timminco Ltd. et al., the Ontario Court of Appeal has affirmed the CCAA Court’s jurisdiction to grant super-priority status to DIP financing charges (including over provincial deemed trusts) and, effectively, confirmed that a supervising CCAA Court has a broad discretion to do so.
Canada
6 Aug 2012
10
September 18, 2009 - Canada´s Insolvency Reforms in Force
In 2005, Parliament passed a comprehensive package of reforms to Canadian insolvency and restructuring laws.
Canada
10 Aug 2009
11
Reform of Canadian Insolvency Legislation
Insolvency law in Canada falls within the federal domain.
Canada
22 Feb 2008
12
Why Bernie Ebbers is Serving a 25-Year Jail Sentence
On September 26, 2006, Bernard J. Ebbers ("Ebbers"), the former Chief Executive Officer of WorldCom, Inc. ("WorldCom"), reported to a federal prison in Oakdale, Louisiana, to begin serving his 25-year jail sentence from his conviction by a jury on nine counts of conspiracy, securities fraud and related crimes related to the bankruptcy of WorldCom in July 2002.
Canada
7 Nov 2006
13
International Technology Outsourcings Give Rise to Unique Legal and Business Challenges
Technology and business process outsourcing is going global and law firms worldwide are embracing this specialized practice area.
Canada
28 Jul 2006
14
Changes to the Securities Act (Ontario): a Source of Potential Liability for Insolvency Practitioners?
On December 31, 2005, amendments to the Securities Act (the "Act") came into force that will, for the first time, create statutory civil liability for continuous disclosure in the secondary market in Ontario.
Canada
17 Jul 2006
15
Adoption Of Act 47: Protecting Workers When Employers Go Bankrupt
Last November, the Canadian Parliament adopted Bill C-55 entitled an Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act and to make consequential amendments to other Acts, which then became Chapter 47 of the 2005 statutes (hereinafter "Act 47").
Canada
12 Jul 2006
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