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Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds

On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41(“Peace River”), which addresses the interaction between insolvency law's single proceeding model and arbitration law’s emphasis on contractually bargained-for rights – an interaction often described as “a conflict of near polar extremes”.

Canada, Ontario, Arbitration & ADR, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Insolvency, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
Chambre de la sécurité financière v. Thibault 2016 QCCA 1691

Does a fine imposed on a debtor by the disciplinary committee of the Chambre de la sécurité financière after the date of the debtor's bankruptcy constitute a provable claim pursuant to section 121(1) of the Bankruptcy and Insolvency Act (the "BIA")?

Introduction

Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Bankruptcy discharge, Bankruptcy and Insolvency Act 1985 (Canada)
The oppression remedy and fulfilment of directors’ duties

In Susi v. Bourke, 2014 O.J. No. 11

A Summary

In Susi v. Bourke, [2014] OJ No 11, the Ontario Superior Court of Justice held that when all of the directors of a corporation fail to comply with their fiduciary duties, none of them can seek a remedy for oppression.

Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Bankruptcy, Fiduciary