Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Debtor, Fiduciary, Beneficiary, Defined benefit pension plan, Supreme Court of Canada
Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Conflict of interest, Debtor, Fiduciary, Defined benefit pension plan, Supreme Court of Canada
The Supreme Court of Canada (“SCC”) recently released its much-anticipated decision in the Indalex Limited (“Indalex”) proceedings under the Companies’ Creditors Arrangement Act (the “CCAA Proceedings”). The decision is important for secured lenders in the context of an insolvency proceeding (“DIP Lenders”) or outside of an insolvency proceeding (“secured lenders”).
Canada, Insolvency & Restructuring, Heenan Blaikie LLP, Fiduciary, Defined benefit pension plan, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada
Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Environmental remediation, Supreme Court of Canada
Canada, Ontario, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Debtor, Secured creditor, UNCITRAL, General Electric, Title 11 of the US Code, Uniform Act, Ontario Superior Court of Justice
On April 7, 2011, the Ontario Court of Appeal (the “OCA”) released its decision in Indalex Limited, ordering that the reserved sale proceeds of a going-concern sale involving the Canadian Indalex entities (“Indalex Canada”), held by the court-appointed monitor, FTI Consulting Inc.
Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Heenan Blaikie LLP, Fiduciary, Beneficiary, Common law, Constructive trust, JPMorgan Chase, US Code, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada, Court of Appeal for Ontario, Ontario Superior Court of Justice