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Court denies CCAA protection for debtor companies

In a recent decision released by Madam Justice Kent of the Alberta Court of Queens Bench (the “Court”) the Court declined to grant Octagon Properties Group Ltd. and certain affiliates (“Octagon” or the “Debtors”) relief pursuant to the Companies’ Creditors Arrangement Act, R.S.C. 1985 c.C36 (“CCAA”).

Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Shareholder, Debtor, Unsecured debt, Interest, Mortgage loan, Foreclosure, Liquidation, Stakeholder (corporate), Cashflow, Default (finance), Debtor in possession
An exercise in cross border cooperation: Gandi Innovations Limited, Gandi Innovations Holdings LLC and Gandi Innovations LLC

On May 8, 2009, the Honourable Madam Justice Hoy of the Ontario Superior Court of Justice (Commercial List) granted an Initial Order under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C36, as amended (the “CCAA”) in respect of Gandi Innovations Limited (“Gandi Canada”), Gandi Innovations Holdings LLC (“Gandi Holdings”) and Gandi Innovations LLC (“Gandi Texas”) (collectively, the “Gandi Group”).

Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Retirement, Empowerment, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court
Court denies request for a sealing order for transcript of Section 163(1) examination under the Bankruptcy and Insolvency Act

In the recent decision of Re Rieger Printing Ink Co., Justice Pepall of the Ontario Superior Court of Justice (Commercial List) considered the right to protection against selfincrimination in a Section 163 examination conducted under the Bankruptcy and Insolvency Act (the "BIA").

Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Discovery, Constitutionality, Bankruptcy and Insolvency Act 1985 (Canada), Canadian Charter of Rights and Freedoms, Trustee, Chief financial officer, Supreme Court of Canada