Supreme Court of Canada: "Pre-post set-off rights can and should be stayed by an initial order"

In 2017, the Quebec Court of Appeal had issued a decision in the matter of Arrangement relatif à Métaux Kitco inc., 2017 QCCA 268 ("Kitco") to the effect that the Companies' Creditors Arrangement Act (the "CCAA") prohibited the exercise of all rights of set-off between pre-filing and post-filing claims.

Filed under:
Canada, Quebec, Insolvency & Restructuring, Litigation, Gowling WLG, Supreme Court of Canada
Authors:
Virginie Gauthier , Kate Yurkovich
Location:
Canada
Firm:
Gowling WLG
Supreme Court of Canada confirms priority of court ordered charges in a CCAA proceeding

On July 28, 2021, the Supreme Court of Canada (the "SCC") released its decision in Canada v Canada North Group Inc.[1] (2021 SCC 30) confirming that court-ordered super-priority charges ("Priming Charges") granted pursuant to the Companies' Creditors Arrang

Filed under:
Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada
Authors:
Virginie Gauthier , Thomas Gertner , Kate Yurkovich
Location:
Canada
Firm:
Gowling WLG
Supreme Court of Canada confirms priority of court ordered charges in a CCAA proceeding

On July 28, 2021, the Supreme Court of Canada (the "SCC") released its decision in Canada v Canada North Group Inc.[1] (2021 SCC 30) confirming that court-ordered super-priority charges ("Priming Charges") granted pursuant to the Companies' Creditors Arrang

Filed under:
Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada
Authors:
Virginie Gauthier , Kate Yurkovich
Location:
Canada
Firm:
Gowling WLG