2024 Notable Cases (Part 5) - Supreme Court Clarifies Bankruptcy Treatment of Securities Penalties and Disgorgement Orders
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On July 31, 2024, the Supreme Court of Canada provided clarity regarding the treatment of administrative monetary penalties and disgorgement orders resulting from securities violations in Poonian v. British Columbia (Securities Commission).

Filed under:
Canada, British Columbia, Capital Markets, Insolvency & Restructuring, Litigation, Baker McKenzie, Supreme Court of Canada
Authors:
Michael Nowina , John J. Pirie , Ahmed Shafey , Anton Rizor
Location:
Canada
Firm:
Baker McKenzie
2024 Notable Cases (Part 1) - Supreme Court clarifies Corporate Attribution Doctrine
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As we enter 2025, we look back on five important decisions that made the news in 2024. Here is the the first case.

Filed under:
Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Supreme Court of the United States, Supreme Court of Canada
Authors:
Michael Nowina , John J. Pirie , Ahmed Shafey , Anton Rizor
Location:
Canada
Firm:
Baker McKenzie
Supreme Court Clarifies Exceptions to Fresh Start Principle in Canadian Bankruptcies

The general rule in bankruptcy is that a debtor receives a “fresh start” and is discharged from prior debts, but this is subject to certain exceptions. Subsection 178(1) of the Bankruptcy and Insolvency Act (BIA) sets out eight classes of debts that are not released by an order of discharge including an exception for debts that arise out of fraud. In Poonian v.

Filed under:
Canada, British Columbia, Alberta, Insolvency & Restructuring, Litigation, Baker McKenzie, Alberta Securities Commission, British Columbia Securities Commission, Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court
Authors:
Michael Nowina , Anton Rizor
Location:
Canada
Firm:
Baker McKenzie