Ontario Courts are routinely faced with requests for Approval and Vesting Orders in connection with asset acquisitions made in the context of receivership proceedings or proceedings under the Companies’ Creditors Arrangement Act ("CCAA"). Purchasers’ counsel who routinely seek these Orders for their clients seek to insulate their clients from claims made by third parties arising from the purchasers’ acquisition of the assets through the insolvency proceedings.
Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Property tax, Concurring opinion, Vesting, Prejudice, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal for Ontario