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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
Case law alert: unfair preference claims and set-off under section 553c - no set-off “defence” available (part 2 of 3)

The section: Section 553C of the Corporations Act 2001 (Cth) (“Act”) provides for a statutory set-off between an insolvent company and a party seeking to have a debt or claim admitted in the company’s winding up.

Australia, Insolvency & Restructuring, Litigation, Litigation Capital Management, Corporations Act 2001 (Australia)
Case law alert: unfair preference claims and the set-off “defence” under section 553c (part 1 of 2)

The Section

Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Litigation Capital Management, Corporations Act 2001 (Australia)
New rules for funders of insolvency claims: business as usual for some, not for all

Recent changes in the Australian regulation of third-party funders will have a dramatic effect on the funding of certain disputes. Although these changes were accompanied by Government and industry commentary that they would not affect litigation funding for insolvency-related claims, this may not be the case for all insolvency funding arrangements.

Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Litigation Capital Management, Litigation funding, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)