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1
CCAA And BIA Amendments To Come Into Force November 1, 2019
Bill C-971 including certain proposed amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA) received Royal Assent on June 21, 2019.
Canada
10 Sep 2019
2
Alberta Court Of Appeal Releases Anticipated Decision In Canada v Canada North Group Inc.
A recent decision of the Alberta Court of Appeal has confirmed that court ordered restructuring charges granted pursuant to the Companies' Creditors Arrangement Act (CCAA) enjoy a higher priority.
Canada
9 Sep 2019
3
Supreme Court Of Canada Releases Decision In Redwater
On January 31, 2019, the Supreme Court of Canada released its decision in Orphan Well Association, Alberta Energy Regulator v. Grant Thornton Limited and ATB Financial.
Canada
7 Feb 2019
4
Wage Earner Protection Program Amendments: Maximum Payment Amount Increases Without Changing $2,000 Super Priority Under The BIA And CCAA
The omnibus Bill C-861 received royal assent on December 13, 2018, and made substantial updates to, among other things, the Wage Earner Protection Program Act (WEPPA).
Canada
24 Jan 2019
5
Return To Certainty: Supreme Court Of Canada Provides Clarity To GST/HST Deemed Trust And The Liability Of Secured Creditors For Funds Received
On November 14, 2018, the Supreme Court of Canada delivered its reasons for reversing the Federal Court of Appeal's decision in Callidus Capital Corporation v Her Majesty the Queen, 2018 SCC 47.
Canada
14 Jan 2019
6
Changes To The Treatment Of Intellectual Property In Insolvency Proceedings
On October 29, 2018, the Government of Canada introduced Bill C-861 (Bill C-86), which, among other things, would amend the Bankruptcy and Insolvency Act2 (the BIA) and the Companies Creditors'
Canada
23 Nov 2018
7
Wrong Name And Correct Vin? Out Of Luck In Manitoba, But Not Everywhere
Cassels Brock developed this Lessons Learned series based on our experience with priority disputes between secured creditors and the realization that many secured parties make fundamental errors of law that cause them to lose priority in their collateral.
Canada
14 Dec 2017
8
Good Faith, Early Termination And Vendor Rebates All At Issue In The Target Canada CCAA Proceeding
In the recent decision of Target Canada Co., the Ontario Superior Court of Justice – Commercial List affirmed a series of rulings by a Claims Officer in the CCAA proceedings of the Target Canada Co. group of companies.
Canada
23 Oct 2017
9
Assistance To Auto Finance Community – Courts Again Consider The Meaning Of The Phrase ‘Brought In' In The Context Of The Personal Property Security Act
In December, 2016, we reported on the decision in Hughes Re, 2016 ONSC 6832 (Hughes 1), in which the Registrar (the Registrar) of the Ontario Superior Court (the Court) interpreted certain provisions...
Canada
4 May 2017
10
Alberta Court Of Appeal Upholds The Redwater Decision
Grant Thornton, in its capacity as Receiver and Trustee of Redwater, disclaimed their interest in certain uneconomic wells and pipelines of Redwater.
Canada
2 May 2017
11
Pre-Packaged Sales Transactions Under The CCAA: Where Are These Packages From, What Do They Look Like, And Where Are They Going?
Matthew Nied and Natalie Levine co-authored "Pre- Packaged Sales Transactions under the CCAA: Where are These Packages From, What do They Look Like, and Where are They Going?"
Canada
6 Mar 2017
12
Lesson Five: Insolvency & Leasing – True Lease Vs. Finance Lease Remains An Important Distinction
Despite there being no distinction of a true or finance lease for purposes of the requirement of registration under the Ontario Personal Property Security Act (PPSA), there is an important difference in cases of insolvency or default.
Canada
2 Feb 2017
13
Lessons Learned - Lesson Four: Always Register Your Lease if it is Greater Than One Year
This approach by the lessors is incorrect, and was a lesson learned to all to register a lease of a term of more than one year.
Canada
13 Jan 2017
14
Lessons Learned - Lesson Three: When To Send A Notice Of Intention To Enforce Security Under Section 244 Of The BIA And When To Wait The 10-Day Notice Period
Many of our clients, when faced with a delinquent debtor, are not sure what procedures need to be followed when seeking to enforce their security over the debtors property.
Canada
23 Nov 2016
15
Judgment Debts Arising From Fraud Or False Pretences: Recent Developments In The Application Of S.178 Of The Bankruptcy And Solvency Act
The defendant in H.Y. Louie was employed in the plaintiff's IT department. His duties included arranging for the purchase of IT products and services for the plaintiff.
Canada
16 Mar 2016
16
Don't Give Away The Farm - Taking Security In Production Quotas
For a lender in the agricultural space, some of the most valuable assets a lender may be relying on for recovery purposes are the production quotas held by their borrower.
Canada
29 Dec 2014
17
Constructive Trust 1 vs. Secured Creditor 0
Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors.
Canada
29 Dec 2014
18
Void "Ab Initio": The Dangers Of Insufficient Disclosure
While it is common practice in Canada to seek certain emergency orders on an ex parte basis (i.e. where only one party (and not the adversary) appears before a judge), applicants for such orders are held to a high standard of candour with the court.
Canada
29 Dec 2014
19
Restructuring And Insolvency Report - December 2014
Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors.
Canada
29 Dec 2014
20
Restructuring Insolvency Report - September 2014
In the context of cross-border insolvencies, Canadian courts have consistently encouraged comity and co-operation with courts in other countries.
Canada
18 Sep 2014
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