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.
- The Court of Appeal has given guidance to insolvent companies about whether to commence an adjudication.
- There is an important distinction to be drawn between a company in a CVA and one in liquidation.
- Parties need to be careful when making general reservations to an adjudicator's jurisdiction.
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