Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.
Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.
Introduction
USA, New York, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Collateral (finance), Swap (finance), Public limited company, Default (finance), Secured loan, Lehman Brothers, Title 11 of the US Code, Court of Appeal of England & Wales, High Court of Justice (England & Wales), United States bankruptcy court