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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
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
Insolvent trusts: pari passu indemnification of successive trustees & the importance of creditor expectations - A view from the Channel Islands, Bermuda, the BVI and Cayman

Introduction

Bermuda, British Virgin Islands, Cayman Islands, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Walkers
Insolvent trusts: pari passu indemnification of successive trustees & the importance of creditor expectations - A view from the Channel Islands, Bermuda, the BVI and Cayman

Introduction

Bermuda, British Virgin Islands, Cayman Islands, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Walkers
CIGA, Brexit and the recognition of Part 26A Restructuring Plans in Guernsey and Jersey

The Channel Islands of Guernsey and Jersey did not introduce emergency insolvency legislation as a result of the Covid-19 pandemic and do not presently have measures equivalent to those found in the UK’s Corporate Insolvency and Governance Act, 2020 (“CIGA”).

European Union, Guernsey, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Public, Walkers, Brexit, Coronavirus