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Corporate minds do not all think alike: The Supreme Court affirms a purposive approach to the corporate attribution doctrine

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
There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements

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.

Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
Getting ready for the Pre-Action Protocol for Debt Claims

On 1 October 2017, the Pre-Action Protocol for Debt Claims (Protocol) will come into force. It will apply to all debt claims where:

  • the creditor is a business (including sole traders and public bodies)
  • the debtor is an individual (including sole traders), and
  • no other specialised Protocol applies.

Why is this new Protocol being introduced?

The express purpose of the new Protocol is to:

United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Womble Bond Dickinson (UK) LLP, Debtor, Debt