CFIUS Review of Foreign Investment in U.S. Industries

The role of foreign investment in private companies involved in U.S. national security first came to Congress’s attention in the 1970s when investments by foreign purchasers, especially from the Organization of the Petroleum Exporting Countries (OPEC), began to comprise significantly more assets based in America. With a view to monitor the U.S.

Read more

IP Qualifications Profiles January 2011 - Canada

Practitioners undertake various statutory, court, or private appointments pursuant to Federal or Provincial legislation. Bankruptcy and Insolvency Act (BIA) • Trustee in Bankruptcy – to administer the realization of the debtor’s assets for the benefit of creditors; • Trustee under a Proposal of a plan of compromise to creditors – to monitor the business and financial affairs of the debtor, advise and participate in the preparation of the proposal, and report to the Court and the creditors; • Interim Receiver – to take control of company’s assets for protection following the filing of an appl
Read more

GST/HST deemed trust loses priority in CCAA reorganization

In Century Services Inc. v. Canada (Attorney General)1, released just before Christmas 2010, the Supreme Court of Canada overturned the prevailing case law that held that the deemed trust created in favour of the Crown under the Excise Tax Act (ETA) for collected but unremitted amounts of Goods and Services Tax/Harmonized Sales Tax (GST/HST) survived in the context of a Companies' Creditors Arrangement Act (CCAA) reorganization. The much-anticipated decision now establishes clearly that the Crown's GST/HST deemed trust priority is lost under the CCAA.
Read more