While it is common practice in Canada to seek certain emergency orders on an ex parte basis (i.e. where only one party (and not the adversary) appears before a judge), applicants for such orders are held to a high standard of candour with the court.

Many secured creditors see their position in absolute terms. They rely on their general security and aggressively assert their priority over unsecured creditors, such as trade creditors. However, a recent decision of the Ontario Court of Appeal(306440 Ontario Ltd. v. 782127 Ontario Ltd. (Alrange Container Services), 2014 ONCA 548) demonstrates that creative arguments by trade creditors may allow them to take priority over even secured creditors in certain circumstances, by using trust principles to remove assets from the estate.

This article has been contributed to the blog by Joshua Hurwitz and Waleed Malik.

35888 R.V. v. R.P.  (Family law – custody)

In lengthy insolvency proceedings, interest accrued on existing claims during the “post-filing” period can represent a substantial portion of the debtor’s estate.

Intellectual property rights are meant to protect that which cannot be easily protected: ideas, images, music and brands. The creators of these intangible concepts are given an economic monopoly over them, in the hopes of fostering greater creativity and economic growth. Bankruptcy law, on the other hand, seeks to equitably distribute the property of the bankrupt among its creditors, subject to the rights of secured creditors.  There is an inherent conflict between the rights of two groups.

First Nations and Insolvency in Canada: A Shifting
Landscape
Colin Brousson and Emelie Kozak*
1. INTRODUCTION
The upcoming ten years will be an exciting period for First Nations in terms
of economic development, with First Nations across Canada more poised than
ever to exercise their increasing economic and political clout. First Nations are
now sitting at the table where governments negotiate large resource transactions
and, as a result of the First Nations fiscal management regime, recently obtained

doing business in Canada 2 | doing business in Canada Canada is one of the world’s premier locations for business investment. Boasting an exceptional wealth of natural resources, a sound financial system and world-class infrastructure, Canada is known for innovation in a wide range of sectors. And with generous research and development incentives, low corporate tax rates, and easy access to major U.S. markets, Canada is a top destination for foreign companies seeking a foothold in North America.

Introduction

The test for an extension of time to serve and file a late Notice of Appeal in Ontario is well-established in the case law: