On October 18, 2023, the Québec Court of Appeal confirmed the Superior Court’s authority to declare that court-ordered charges under the Bankruptcy and Insolvency Act (BIA) rank before deemed trusts in favour of the Crown for deductions at source.
Canada, Quebec, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
In Canada, there is more than one insolvency regime available to an insolvent company that wishes to restructure its debts and operations. However, the most commonly used regime for large companies ? and sometimes for smaller companies, because it is the most flexible ? is the Companies’ Creditors Arrangement Act (Canada) (CCAA). The most commonly used regime for smaller companies or less complicated restructurings is proposal proceedings under theBankruptcy and Insolvency Act (Canada) (BIA).
CCAA
Canada, Insolvency & Restructuring, McCarthy Tétrault LLP, Debt, Stakeholder (corporate), Debt restructuring, Companies' Creditors Arrangement Act 1933 (Canada), Corporations Act 2001 (Australia), Bankruptcy and Insolvency Act 1985 (Canada), Canada Business Corporations Act 1985