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Expansion of s. 38 of the BIA assignment of claims

Historically, an assignment of claims pursuant to s. 38 of Bankruptcy and Insolvency Act (the “BIA”)[1] has only been used in the context of an assignment in bankruptcy. For instance, the use of s.

Canada, Insolvency & Restructuring, Litigation, Miller Thomson LLP
The anti-deprivation rule is alive and well: Chandos Construction v Deloitte Restructuring

In its most recent decision, Chandos Construction Ltd v Deloitte Restructuring Inc.[1], the Supreme Court of Canada (the “SCC”) reaffirmed the existence of the common law anti-deprivation rule in Canada.

Canada, Construction, Insolvency & Restructuring, Litigation, Miller Thomson LLP
Lifting the stay

On July 27, 2020, the Newfoundland and Labrador Supreme Court (the “Court”) released its decision in Great North Data Ltd., (Re),[1] where Justice Handrigan outlined principles for courts to consider when exercising their power under section 69.4 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c.

Canada, Insolvency & Restructuring, Litigation, White Collar Crime, Miller Thomson LLP, Fraud, Bitcoin
Preserving Intellectual Property Rights in Licenses: Changes to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act

As we reported last week, on November 1, 2019, amendments to both the Bankruptcy and Insolvency Act (the “BIA”)

Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Trademarks, Miller Thomson LLP, Bankruptcy and Insolvency Act 1985 (Canada), Ontario Superior Court of Justice