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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
Iain Barker v Paul Baxendale-Walker: Guarding against the risk of dissipation of assets by a debtor pre- and post- the making of a bankruptcy order

The insolvency aspect of the long-running Baxendale-Walker litigation adds much needed to clarity to two practical issues arising in bankruptcy.

United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers, Bankruptcy, Insolvency Act 1986 (UK)