Since the beginning of the COVID-19 pandemic, insolvent companies have sought court intervention relating to the payment of rent during lockdown periods. In the most recent decision on this issue, the Quebec Superior Court (Court) ruled that a debtor undergoing a restructuring under the Companies’ Creditors Arrangement Act (Canada) (CCAA) should not be relieved of its obligation to pay post-filing rent, even in circumstances where its ability to use the leased premises is constrained by governmental orders.

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

Introduction