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Corporate minds do not all think alike: The Supreme Court affirms a purposive approach to the corporate attribution doctrine

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

Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
Court of Appeal summaries (April 15 - April 19)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.

Canada, Ontario, Company & Commercial, Family, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Personal Injury, Professional Negligence, Blaney McMurtry LLP, Abbott Laboratories, European Securities and Markets Authority, Supreme Court of Canada, Court of Appeal for Ontario
Défaillances d'entreprises: les dangers du risque crédit

En 2023, le nombre de défaillances d’entreprises est en hausse par rapport à l’année précédente. À cela s’ajoutent le rallongement des délais de paiement, l’inflation, des taux d’intérêt toujours élevés...À la lumière dececlimat monétaire et financier instable se profile la gestion du risque crédit.

France, Company & Commercial, Insolvency & Restructuring, Stephenson Harwood LLP
There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements

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.

Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
Court of Appeal summaries (January 15 - January 19)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.

Canada, USA, Ontario, Banking, Company & Commercial, Derivatives, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Due diligence, Barclays, Commodity Futures Trading Commission (USA), FERC, HSBC, Bank of Nova Scotia, Competition Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
Court of Appeal summaries (December 18-22)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.

Canada, Ontario, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Real Estate, Blaney McMurtry LLP, Due diligence, ESG, Court of Appeal for Ontario
Court of Appeal summaries (September 4 - September 8)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.

In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.

Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.

Canada, USA, Ontario, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Bankruptcy, Court of Appeal for Ontario
Court of Appeal summaries (August 28 - September 1)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.

I hope everyone is enjoying the last long weekend of the summer.

Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.

Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Public, Real Estate, Blaney McMurtry LLP, Confidential information, Court of Appeal for Ontario
Court of Appeal summaries (July 17 - July 21, 2023)

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.

Canada, USA, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Due diligence, Court of Appeal for Ontario, British Columbia Supreme Court
Distressed M&A transactions in France: a halt to liability claims against sellers?

The Commercial Chamber of the French Supreme Court ("Cour de cassation") has recently handed down a decision of particular interest for distressed M&A transactions: Cass. com. 1er mars 2023, no. 21-14.787, FS-B.

Alexandre Koenig, partner and head of the firm's restructuring and insolvency practice in France analyses the legal and practical consequences of this decision for sellers of French distressed companies.

Context

European Union, France, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Due diligence, Court of Cassation (France)