Searching Content indexed under Financial Restructuring by McMillan LLP ordered by Published Date Descending.
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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.
12 Apr 2017
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.
30 Mar 2017
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.
13 Feb 2017
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..
23 Jul 2015
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.
7 Aug 2013
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.
5 Jul 2012
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.
7 Jun 2012
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.
28 Sep 2011
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.
6 Jul 2009
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.
30 Jul 2008
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.
14 Dec 2005
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