Employee terminations and downsizing are features of most restructurings. While employees can typically assert a claim in the insolvency process, parallel claims and complaints with labour relations regulators and tribunals are relatively common. In a recent judgment, the Superior Court of Québec clarified that all employee claims can be extinguished through a plan of arrangement under the Companies’ Creditors Arrangement Act (CCAA), including those filed before regulators and tribunals.

Regulation is not having the desired effect in reducing insolvency in the construction industry

This is not a ‘shock and awe’ article. I did not design it to scare readers into believing that the industry is about to see a lot of damaging contractor collapses.

“Controlling the controllables” should be the main focus of contractors.

When I am struggling to focus on tasks, my “go-to aid’’ is to sit and write down things I can control. Invariably, as a result of this process, I end up identifying things that I cannot control. It is always occupying my thinking.

I then proceed to unload these very unhelpful intruders from my thinking and wham, away I go. This time focused on important things I have control of.

Anti phoenix licensing provisions are catching Security of Payment culprits and victims.

Anti phoenix licensing provisions are catching Security of Payment (SOP) culprits and victims in a Covid-19 ‘perfect storm’. These provisions are designed to prevent people from lawfully and personally contracting if they are associated with company collapses. This also includes being meaningfully involved with the contracting companies.

Introduction

On March 30, 2022, in the context of receivership proceedings of Balanced Energy Oilfield Services Inc., Balanced Energy Oilfield Services (USA) Inc. and Balanced Energy Holdings Inc. (collectively, the Debtors), the Court of Queen’s Bench of Alberta (the Court) issued an order, among other things

Introduction

On March 30, 2022, in the context of receivership proceedings of Balanced Energy Oilfield Services Inc., Balanced Energy Oilfield Services (USA) Inc. and Balanced Energy Holdings Inc. (collectively, the Debtors), the Court of Queen’s Bench of Alberta (the Court) issued an order, among other things

Industry insolvencies are expected to increase in the construction industry in 2022. I will discuss in this article how Project Trusts will impact affected parties.

The legislation giving effect to Trusts, the Building Industry Fairness (Security of Payment) Act 2017(BIFA), was initially based on the establishment of ‘Project Bank Accounts’ (PBAs).

In this article, I observe that insolvencies in the Queensland construction industry have remained at the same concerning level for years and I ask:

Will Statutory Trusts result in a reduction?

We will only know the answer to this question with certainty after the complete rollout is finished in 2023 but in the meantime, some steps can be taken today to control the risks associated with Trusts Compliance. In this article I consider:

I have written approximately 130 Helix Legal articles where I have focused on conveying information to readers concisely, factually and always looking to be positive.

I do not like ‘shock and awe’ articles where the clear intent is to scare people into doing something. There are much better ways to engage with people.

However, on the other hand, I have never shied away from raising awareness on significant industry issues that are confronting, and indeed very uncomfortable to talk about.

On April 1, 2021, the Supreme Court of Canada dismissed an application for leave to appeal the decision of the Court of Appeal of Québec (QCA) in Séquestre de Media5 Corporation, 2020 QCCA 943, which had put an end to a long-lasting debate on the availability of ‘national’ receivers to Québec secured creditors. The decision of the QCA is now final.