Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.
Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.
On June 23, 2011, the Supreme Court handed down a 5-4 decision in the Stern v.
USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Defamation, Constitutionality, Dissenting opinion, Bench trial, Jury trial, Majority opinion, US Federal Government, US Congress, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court