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Faithless Fiduciaries May Not Be Released From Bankruptcy

In Convoy Supply Ltd. v.

Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
Arbitration versus the “Single Proceeding Model” in Insolvency Proceedings - Which prevails?

Overview and Why This Case Matters

Canada, British Columbia, Arbitration & ADR, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, UNCITRAL, Bankruptcy and Insolvency Act 1985 (Canada), Ontario Superior Court of Justice
The Ontario Court of Appeal determines when it is appropriate to vest out a royalty interest as part of an insolvency proceeding

The Ontario Court of Appeal determines when it is appropriate to vest out a royalty interest as part of an insolvency proceeding

The Importance of the Decision

Canada, Ontario, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
Alberta Court clarifies threshold for CCAA filing

A recent decision of the Alberta Court of Queen’s Bench in Tallgrass10 clarifies the threshold that a company must meet when it seeks relief pursuant to the CCAA11, particularly when such an application is met with a competing applicati

Canada, Alberta, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Debtor, Bridge loan
Update on the Re Indalex Limited decision

In a recent edition of Fully Secured (September 29, 2011 – Volume 2, No. 3), the decision of the Ontario Court of Appeal in Re Indalex Limited was discussed, in which the Ontario Court of Appeal held that a statutory deemed trust claim arising out of a pension plan wind-up deficiency ranked in priority to debtor in possession (“DIP”) financing.

There have been several recent developments with respect to this decision since the date of that publication.

Canada, Ontario, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Gowling WLG, Debtor in possession, Court of Appeal for Ontario