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 Employment Appeals Tribunal (EAT) has decided that the sale of a business by way of a pre-pack administration[1] did not result in a transfer of employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006, (TUPE Regulations or TUPE).
TUPE Regulations
United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Fasken, Contractual term, Bankruptcy, Employment tribunal, Employment contract, Liability (financial accounting), Liquidation, Unfair dismissal, Subsidiary, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal