The treatment of shareholder and other equity-related claims in the context of insolvency and reorganization proceedings in Canada was initially judge-determined and the case law generally accepted the premise that shareholders were not entitled to share in the assets of an insolvent corporation until after all the ordinary creditors have been paid in full. In 2009 further clarity was brought to the issue by introduction of the “
The British Columbia Court of Appeal recently released a helpful decision applying principles of discoverability to determine when a limitation period begins to run. In Roberts v. E.
Canada, British Columbia, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Statute of limitations, Due diligence, Bankruptcy and Insolvency Act 1985 (Canada)