Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

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.

Summary

The UK Court of Appeal recently confirmed that lawyers (Decherts) could no longer act for a company (Avonwick). Our views on the first instance decision can be found here.

Background

The Facts

Mr Shlosberg, a Russian businessman domiciled in England who was made bankrupt in January of last year, has obtained an injunction restraining Dechert LLP from acting on behalf of the main claimant, Avonwick Holdings Limited (Avonwick) in proceedings in which he is a defendant.