Search
Searching Content indexed under Financial Restructuring by McMillan LLP ordered by Published Date Descending.
Links to Result pages
 
1  
 
Title
Country
Organisation
Author
Date
1
The US Trust Indenture Act, Out Of Court Restructurings And The Marblegate Decision
Given the substantial amount of capital invested in Canadian businesses by American investors a considerable number of trust indenture documents are governed by US law and are "qualified" under the Trust Indenture Act of 1939.
Canada
12 Apr 2017
2
The Enforceability of Make-Whole Clauses in Bankruptcy
When a lender makes an interest bearing loan to a borrower for a fixed term, the contract may provide that the borrower cannot repay the principal sum before maturity. This is often referred to as a "no call" provision.
Canada
30 Mar 2017
3
Broken Break Fee: Investor's Claim For A Break Fee Denied In CCAA Proceeding
A recent decision of the British Columbia Supreme Court serves as a reminder to take special care when structuring commercial transactions where the counterparty is in financial distress.
Canada
13 Feb 2017
4
Restructuring A Franchise In Crisis: Court Dismisses Former Dealers' Class Action Against General Motors
The Ontario Superior Court recently released its decision in Trillium Motor World Ltd. v. General Motors of Canada Limited, a class action brought on behalf of approximately 200 General Motors dealers..
Canada
23 Jul 2015
5
CCAA Court Undoes Dealership Termination in Insolvency Proceeding
In Re Bock inc., a recent case decided under the Companies' Creditors Arrangement Act ("CCAA"), the Superior Court of Quebec made an order reviving a dealership agreement that was purported to be validly terminated by the manufacturer prior to the commencement of any insolvency proceedings.
Canada
7 Aug 2013
6
Keeping An Eye On The Ball: Ontario Court Scrutinizes Related Party Transactions
On May 14, 2012, in 9-Ball Interests Inc. v. Traditional Life Sciences Inc.1, the Ontario Superior Court of Justice (the "Court") rendered another decision that demonstrates the importance of full disclosure and transparency in applications made to the Court.
Canada
5 Jul 2012
7
Quebec Is Different - White Birch Court Finds That Indalex Does Not Apply In Quebec*
A year after the uncertainty created in the Canadian corporate debt financing world by the Ontario Court of Appeal's pensions-friendly decision in the Indalex CCAA restructuring matter, the Quebec Superior Court, in April 2012, determined in a lengthy and well-reasoned decision that the key restructuring and pensions law principles underpinning Indalex do not apply in Quebec when considering the treatment of defined benefit amortization payment and deficit claims in a restructuring.
Canada
7 Jun 2012
8
Distinctions With A Difference: Comparison Of Restructurings Under The CCAA With Chapter 11 Law And Practice
In Canada legislative authority is divided between the federal and provincial governments by subject matter.
Canada
28 Sep 2011
9
Creditorsí Use Of The Oppression Remedy And The Mareva Injunction To Protect Corporate Assets
A t-shirt printer fulfills an order for 100,000 t-shirts from a promotions company. The promotions company refuses to pay for the t-shirts.
Canada
6 Jul 2009
10
Wage Earner Protection Program Act And Certain Other Amendments To The BIA Now In Force
On July 7, 2008 specific provisions of the Insolvency Reform Act, 2005 and the Insolvency Reform Act, 2007 were proclaimed into force by Order in Council.
Canada
 
30 Jul 2008
11
Flawed Canadian Insolvency Law Reform Enacted?
On November 25, 2005, the Canadian Parliament enacted new legislation that will materially reform Canada's principal business insolvency statutes. As a result of the stated disappointment of the Senate committee charged with reviewing the reform package, the legislation will not be proclaimed into force before June 30, 2006.
Canada
14 Dec 2005
Links to Result pages
 
1