On November 1, 2019, amendments to the Bankruptcy and Insolvency Act,R.S.C. 1985, c. B-3 (BIA) and the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (CCAA) came into force. Among other changes described in our previous publication, these amendments expand the protection offered to intellectual property (IP) licensees in the event that the licensor enters insolvency.
Canada, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Patents, Trademarks, Borden Ladner Gervais LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
Proposed appeal fails to raise broader issues about the intersection of copyright and insolvency law
Canada, Ontario, Copyrights, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Copyright infringement, Court of Appeal for Ontario
Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Borden Ladner Gervais LLP, Health Canada, Bankruptcy and Insolvency Act 1985 (Canada)
A recent decision at the Ontario Superior Court of Justice (Commercial List) brought to the fore the role of fairness opinions in solvent arrangement transactions. In Re ChampionIron Mines Limited (Champion) the court approved the arrangement but deemed the fairness opinion inadmissible on the basis that it failed to disclose the reasons underlying its conclusion.
Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Admissible evidence, Bell Canada