Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

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.

In Bailey & Others (Joint Liquidators of D&D Wines International Limited) v Angove’s Pty Limited¹, the Court of Appeal overturned a decision of the High Court, and so permitted the liquidator of an insolvent agent to recover funds due to it from end-customers despite the agency having been terminated.

Background

Background
Decision on survival of contractual rights
Decision on constructive trust
Comment

Introduction

Introduction

Introduction

Introduction

Introduction

Introduction