Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
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 Section 11.01 has effectively been replaced by a model order regime.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
McCarthy Tétrault LLP
In Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269, ("Astoria") the Ontario Court of Appeal recently held that appeals of decisions rendered pursuant
Aird & Berlis LLP
In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made
Norton Rose Fulbright Canada LLP
The case is causing uncertainty throughout Canada's secured lending community, which now faces new and unexpected risks.
Norton Rose Fulbright Canada LLP
The Supreme Court of Canada recently released its decision in Orphan Well Association v Grant Thornton Limited, (Redwater).
Borden Ladner Gervais LLP
The Defendant was a dentist who had executed a personal guarantee on July 7, 2011 in favour of the Plaintiff (the "Bank") in order to secure payment of the indebtedness of the Defendant's professional
Bennett Jones LLP
in September 2018, Concordia International Corp. and Concordia Healthcare Limited implemented a plan of arrangement under the CBCA that has the potential to expand the use of the CBCA arrangement provision...
Bennett Jones LLP
Section 192, the plan of arrangement provision in the Canada Business Corporations Act (CBCA), is an increasingly popular means of facilitating corporate debt restructurings and recapitalizations.
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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
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...
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
Aird & Berlis LLP
Vesting orders have become one of the most powerful tools in an insolvency professional's toolkit, providing a purchaser with the comfort that the encumbrances contributing to the debtor's financial difficulties cannot follow to the new owner.
Blaney McMurtry LLP
Following are this week's summaries of the civil decisions of the Court of Appeal for Ontario.
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
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....
Pallett Valo LLP
The Ontario Court of Appeal recently delivered a decision which provides much-needed guidance on both the power and limitations of vesting orders in Receivership proceedings.
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.
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