Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
Cassels Brock
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.
Cassels Brock
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.
McCarthy Tétrault LLP
The ongoing priority dispute between deemed trusts created under federal "fiscal statutes" (being the Income Tax Act, the Canada Pension Plan Act
McCarthy Tétrault LLP
The Québec Court of Appeal confirmed that unpaid post-filing suppliers, which had neither sought a court-ordered charge to secure their post-filing claims nor availed themselves of their right to stop supplying goods ...
Osler, Hoskin & Harcourt LLP
On August 29, 2019, the majority of the Alberta Court of Appeal held in Canada v. Canada North Group Inc., 2019 ABCA 314 (Canada North)
Blake, Cassels & Graydon LLP
On August 29, 2019, the Alberta Court of Appeal released its decision in Canada v. Canada North Group Inc.
McCarthy Tétrault LLP
In Yukon (Government of) v. Yukon Zinc Corporation, 2019 YKSC 39 ("Yukon Zinc"), the Yukon Supreme Court recently lifted a stay of proceedings.
Borden Ladner Gervais LLP
Bella Senior Care Residences Inc. ("BSCRI"), was the operator of a senior care facility. BSCRI owed money to Canada Life Assurance Company ("CLAC"), pursuant
Gowling WLG
On June 19, 2019, the Ontario Court of Appeal released its decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc
Bennett Jones LLP
The Supreme Court of Canada recently granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32.
Aird & Berlis LLP
A number of DMR's projects were bonded either on a payment or performance basis.
McMillan LLP
Bill C-97 (the "Bill") was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019
Blake, Cassels & Graydon LLP
On June 19, 2019, the Ontario Court of Appeal (Appeal Court) released its long-anticipated decision in the second phase of the appeal in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., following...
Torys LLP
The Ontario Court of Appeal (OCA) has released its much-anticipated decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc. (2019 ONCA 508).
McCarthy Tétrault LLP
In a 2018 judgment discussed here, the Alberta Court of Queen's Bench held that, by virtue of s. 348 of the Municipal Government Act, municipal tax claims could take priority over a Receiver's charge
Fogler, Rubinoff LLP
While the board of directors of a corporation governed by the OBCA has the power to declare dividends, its authority to declare and pay cash dividends is subject to compliance with two statutory solvency tests.
Burnet, Duckworth & Palmer LLP
For more than 70 years, the energy industry has been one of Alberta's primary economic engines.
Dentons
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.
Torys LLP
Twenty years after the introduction of section 11.01, it is clear this provision has failed to live up to the promise of Quintette. Section 11.01 has effectively been replaced by a model order regime.
Torys LLP
The United States Bankruptcy Code takes a different approach in principle from the CCAA with respect to post-filing obligations. American legislators, however, have codified specific post-filing
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Blaney McMurtry LLP
In Dermann v. Baker, 2019 ONCA 584, the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure
Clark Wilson LLP
In a recent decision, the Supreme Court of British Columbia has clarified the property interests that may arise when a property is held in joint names
Watson Goepel LLP
The use of trusts and other vehicles for business and asset protection purposes is a long-standing practice.
Torys LLP
"[B]ankruptcy is not a license to ignore rules"—so said the majority in Canada's highest court in the Redwater decision, holding that there was no conflict between Albertan energy and environmental legislation and...
Gowling WLG
On August 15, 2019 Justice D. Blair Nixon gave oral reasons in response to an application for summary dismissal of the claim by PricewaterhouseCoopers Inc. ("PwC"), the bankruptcy trustee for Sequoia Resources Corp....
McCarthy Tétrault LLP
In Yukon (Government of) v. Yukon Zinc Corporation, 2019 YKSC 39 ("Yukon Zinc"), the Yukon Supreme Court recently lifted a stay of proceedings.
Blaney McMurtry LLP
There was only one substantive civil decision this week, McKay v Park, which deals with liability and insurance coverage in an MVA where the passenger unexpectedly took control of the steering wheel
Dentons
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.
Osler, Hoskin & Harcourt LLP
On August 29, 2019, the majority of the Alberta Court of Appeal held in Canada v. Canada North Group Inc., 2019 ABCA 314 (Canada North)
Cassels Brock
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.
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