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Davies Ward Phillips & Vineberg
As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity.
MLT Aikins LLP
The British Columbia Supreme Court ("Court") was recently asked to address a gap in the Bankruptcy and Insolvency Act ("BIA")...
McCarthy Tétrault LLP
The current backlog in the Toronto Civil List – where even short motions are being scheduled more than a year out ...
MLT Aikins LLP
The MLT Aikins insolvency and restructuring practice group carried out assignments in 2023 as counsel to debtor companies, lenders and court officers administering insolvency proceedings. Notable highlights are as follows.
MLT Aikins LLP
A recent decision of the Ontario Superior Court ("Court") provided insights into how the Courts may interpret Section 11.7 of the Companies' Creditors Arrangement Act ("CCAA")...
McCarthy Tétrault LLP
Restructuring & Insolvency Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
Blake, Cassels & Graydon LLP
In the ever-changing landscape of Canadian insolvency law, substantive consolidation emerges as a powerful yet rare remedy with substantial implications for debtor entities and their creditors...
Borden Ladner Gervais LLP
The case of Milot Law v Sittler, 2024 ABCA 39 arises from the DeMara Consulting Inc. tax evasion scandal. Heather and Sheldon Sittler (collectively, the Sittlers)..
McCarthy Tétrault LLP
Court approval of a sale process in receivership or Bankruptcy and Insolvency Act ("BIA") proposal proceedings is generally a procedural order and objectors do not have an appeal as of right...
Torys LLP
Appeals under the Bankruptcy and Insolvency Act (BIA) generally result in an automatic stay of the order under appeal—a potentially costly and disruptive outcome.
Fasken
We've seen an uptick in corporate insolvency filings and creditor-driven CCAAs (Companies' Creditors Arrangement Act), followed by a corresponding increase in interesting developments in insolvency law.
Borden Ladner Gervais LLP
The case of Anderson v. Westmount Projects Inc., 2023 ABKB 619, dealt with the financial challenges of Westmount Projects Inc. (Westmount)...
Torys LLP
In Re Trees Corporation et al., 2024 ONSC 30 (Trees), the Ontario Superior Court of Justice (Commercial List) (the Court) became the first court to consider in detail section 11.7(2)...
Osler, Hoskin & Harcourt LLP
Section 192 of the Canada Business Corporations Act (CBCA) provides a flexible tool that allows corporations to achieve important change and undertake various corporate transactions...
Gowling WLG
Out now, the Chambers and Partners Insolvency 2023 Global Practice Guide is a resource for legal and non-legal professionals to learn about the differing legal regimes...
Dentons
On December 6, 2023, the Supreme Court of Canada heard the appeal of Poonian v British Columbia Securities Commission, 2022 BCCA 274.
Fasken
In the recent decision of Ontario Securities Commission v Go-To Developments Holdings Inc et al, 2023 ONSC 5921 ("Go-To Developments"), the Court affirmed a receiver's...
Devry Smith Frank LLP
Garnishment is a legal process often initiated when individuals default on their financial obligations. Garnishment orders allow creditors to seize assets – typically a person's wages – from third parties.
Borden Ladner Gervais LLP
In Lymer v Jonsson, 2023 ABKB 565, the Alberta Court of King's Bench, in the context of bankruptcy proceedings, rendered a judgment concerning the applicability of section 11(b) (Section 11(b))...
Aird & Berlis LLP
While gaining recognition of Canadian insolvency proceedings south of the border used to be wishful thinking for an insolvent Canadian entity having involvement in the cannabis industry, such proceedings are now seemingly becoming a potential option.
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