Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.
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.
It has been an interesting year-to-date in the Asia Pacific1 Region, particularly in the Mainland2 and Hong Kong3 as the Region has pivoted from COVID-zero to reopening its borders to the world. Given the number of larger scale Mainland property-related restructurings that were promulgated during the pandemic it is fair to say that at least amongst some in the profession, there were great (restructuring) expectations of 2023. This next wave of restructurings has not yet eventuated. Why?
Asia restructuring considerations & observations