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1
Court Of Appeal Addresses Two Issues: The Interpretation Of S. 12 Of The Limitations Act In The Context Of A Bankrupt Company, And Whether An Appeal Of An Underlying Judgment Tolls The Limitation Period
In Ridel v Goldberg, 2019 ONCA 636, the Court of Appeal for Ontario considered whether a judgment creditor was statute-barred from pursuing a claim for contribution and indemnity
Canada
13 Sep 2019
2
BIA And CCAA Amendments: 2019 Federal Budget Proposes To Legislate On Good Faith Requirements, Directors' Duties And Corporate Disclosure Obligations
On April 8, 2019, the federal government introduced Bill C 97, An Act to Implement Certain Provisions of the Budget Tabled in Parliament On March 19, 2019 and Other Measures.
Canada
23 May 2019
3
Redwater – Impacts
Accordingly, the SCC's decision fundamentally changes the application of the law by receivers and trustees.
Canada
7 Feb 2019
4
Alberta Energy Regulator Releases Interim Measures In Response To Redwater Decision
On May 19, 2016, the Alberta Court of Queen's Bench issued their decision, Redwater Energy Corporation Re, 2016 ABQB 278 ("Redwater Decision"), which we discussed in our recent alert...
Canada
30 Jun 2016
5
Insolvency And Energy Insights: The Redwater Decision
The Alberta Court of Queen's Bench decision in Redwater Energy Corporation Re, 2016 ABQB 278, written by Chief Justice Neil Wittmann, clarifies that the provisions of the Bankruptcy and Insolvency Act...
Canada
27 May 2016
6
Ontario Court Of Appeal Confirms Bondholders Not Entitled To Post-Petition Interest
The "interest stops" rule requires that creditors' claims stop accruing interest as of the date of an insolvency filing.
Canada
30 Dec 2015
7
"Newfoundland And Labrador v. AbitibiBowater Inc.", 2012 SCC 67 (The "Abitibi case"): Clean-Up Orders And The CCAA
The Supreme Court of Canada (the "SCC") recently released an important decision relating to how provincial clean up orders against corporations may be treated.
Canada
25 Dec 2012
8
Liabilities Of Directors And Officers Of Insolvent Corporations (Presentation)
In this presentation, Ross Walker and Kate Stigler outline the liabilities that face directors and officers of insolvent corporations.
Canada
26 Nov 2012
9
No Recourse To Travel Compensation Fund For Loyalty Points Program Provider
The Ontario Divisional Court recently overturned a decision of the Ontario Licensing and Appeals Tribunal that had required the Travel Industry Council of Ontario ("TICO") to compensate a loyalty program provider for the cost of travel services with bankrupt travel services provider.
Canada
15 Mar 2012
10
"Braydon" — The Requisite Intent For Fraudulent Conveyances
The British Columbia Court of Appeal’s decision in "Abakhan & Associates Inc. v. Braydon" is of signal import to the insolvency bar and trustees. Leave to appeal to the Supreme Court of Canada has been denied (McLachlin C.J., Abella and Cromwell JJ.).
Canada
17 Jun 2011
11
Rights Of Set‐off In Insolvency
When a company winds up, begins restructuring proceedings or goes bankrupt, a debtor or creditor may be able to cancel out the amount payable to the other party by using the remedy of "set‐off".
Canada
25 May 2011
12
Ontario Court Of Appeal Gives Priority To Pension Plan Wind - Up Deficits In CCAA Proceedings
On April 7, 2011, in Indalex Limited (Re), 2011 ONCA 265 (Re Indalex), the Ontario Court of Appeal (the Court) held that in certain circumstances a pension plan wind‐up deficit should be paid in priority to claims of secured creditors, including amounts outstanding under a court‐approved debtor‐in‐possession facility (the DIP Facility).
Canada
13 Apr 2011
13
Directors' and Officers' Liability in the Shadow of Insolvency
Advising directors and officers of companies that are in the shadow of insolvency regarding the scope of their personal liability can be a daunting task as directors and officers can be exposed to significant personal liability in a variety of areas of the law.
Canada
11 Apr 2011
14
Issues For Litigation
This paper is a summary of some of the litigation issues facing counsel in bankruptcy and insolvency matters and will briefly highlight the following areas:
Canada
17 Mar 2011
15
Show Me The Money! Stalking Horse Auctions In Cross-Border Insolvencies: Value Maximization And An Increase in Transparency
Over the past several years, Canadian courts have embraced the stalking horse bidding process in cross-border insolvency proceedings.
Canada
1 Mar 2011
16
Canada
24 Feb 2011
17
Government Loses its Priority to GST in CCAA Proceedings
In the recent decision of Century Services Inc. v. Canada (Attorney General), 2010 SCC 60, the Supreme Court of Canada has, for the first time, interpreted key provisions of the Companies’ Creditors Arrangement Act ("CCAA").
Canada
6 Jan 2011
18
Court Approval of Cross-Border DIP Financing Guarantees
InterTAN Canada Ltd. ("InterTAN") is a wholly owned subsidiary of U.S. based Circuit City Store, Inc. ("Circuit City"), a consumer electronics retailer.
Canada
20 May 2010
19
Demand Guarantees: Guarantor Attempts to Use Bank's Courtesy Against It
In Bank of Nova Scotia v. Williamson, The Bank of Nova Scotia (the "Bank") advanced loans to Ancon Industries Inc. ("Ancon"). The loans were guaranteed (the "Guarantee") by an individual guarantor (the "Guarantor") who was an officer, director and shareholder of Ancon.
Canada
18 May 2010
20
Focus on Insolvency | Restructuring - March 2010
In Bank of Montreal v. River Rentals Group Ltd. [2010] ABCA 16, the Alberta Court of Appeal had to consider the acceptance of a higher bid made after the tender closing date.
Canada
 
7 Apr 2010
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