In its recent decision in Century Services Inc v Canada,1 the Supreme Court of Canada (the “SCC”) held that, in the context of a Companies’Creditors Arrangement Act2 (the “CCAA”) proceeding, the Crown does not have a superpriority claim over the property of a debtor for unremitted goods and services tax (“GST”) amounts. The decision of the SCC majority rejected existing appellate-level case law, and brought the priority of Crown claims in-line with what they are in bankruptcy proceedings.
Canada, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Debtor, Income tax, Excise, Tax deduction, Harmonised sales tax, Dissenting opinion, Unemployment benefits, Goods and services tax (Canada), Companies' Creditors Arrangement Act 1933 (Canada), Canada Pension Plan Act 1985, Supreme Court of Canada, Court of Appeal for Ontario