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    Supreme Court Clarifies Exceptions to Fresh Start Principle in Canadian Bankruptcies
    2024-08-09

    The general rule in bankruptcy is that a debtor receives a “fresh start” and is discharged from prior debts, but this is subject to certain exceptions. Subsection 178(1) of the Bankruptcy and Insolvency Act (BIA) sets out eight classes of debts that are not released by an order of discharge including an exception for debts that arise out of fraud. In Poonian v.

    Filed under:
    Canada, British Columbia, Alberta, Insolvency & Restructuring, Litigation, Baker McKenzie, Alberta Securities Commission, British Columbia Securities Commission, Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court
    Authors:
    Michael Nowina , Anton Rizor
    Location:
    Canada
    Firm:
    Baker McKenzie
    The Supreme Court of Canada considers whether a debt owed to the British Columbia Securities Commission survives bankruptcy under an exception to the ‘fresh start’ principle
    2023-12-06

    On December 6, 2023, the Supreme Court of Canada heard the appeal of Poonian v British Columbia Securities Commission, 2022 B

    Filed under:
    Canada, British Columbia, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, Dentons, Alberta Securities Commission, British Columbia Securities Commission, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    Michael Beeforth , Brandon Barnes Trickett , Raphael T. Eghan
    Location:
    Canada
    Firm:
    Dentons
    Securities Sanctions Survive Bankruptcy, British Columbia Court of Appeal Rules
    2022-08-31

    A bankruptcy discharge releases the debtor from pre-bankruptcy debts or liabilities. The purpose is to give the debtor a “fresh start” from excessive debts that cannot be repaid, except in certain situations such as where the debt arises from deceitful or fraudulent conduct. In Poonian v. British Columbia (Securities Commission), the British Columbia Court of Appeal held that securities sanctions are excluded from bankruptcy discharge.

    Filed under:
    Canada, British Columbia, Capital Markets, Insolvency & Restructuring, Litigation, Trade & Customs, Baker McKenzie, Insolvency, Alberta Securities Commission, British Columbia Court of Appeal
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    British Columbia Court of Appeal Rules that Bankruptcy Does Not Erase Monetary Securities Penalties
    2022-08-17

    Canada’s insolvency regime provides a “fresh start” policy for honest but unfortunate debtors. The policy relieves Canadians from excessive debts through bankruptcy, except in certain instances such as where a debt arises from the bankrupt’s deceitful or dishonest conduct.

    Filed under:
    Canada, Capital Markets, Insolvency & Restructuring, Litigation, Cozen O'Connor, Insolvency, US Securities and Exchange Commission, European Commission, Alberta Securities Commission, Court of Appeal of Alberta, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    Samuel Bogetti
    Location:
    Canada
    Firm:
    Cozen O'Connor
    Alberta Court of Appeal Concludes ASC Administrative Penalty Does Not Survive Bankruptcy
    2022-02-01

    Regulatory obligations often conflict with bankruptcy law. It has long been considered a necessary benefit that people get a fresh start through bankruptcy. The law provides for exceptions to this principle, on the basis of equally important public policy grounds that certain penalties and obligations should not be so easily avoided.

    Filed under:
    Canada, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Alberta Securities Commission
    Authors:
    Denise D. Bright , Kenneth T. Lenz Q.C. , Katelyn Deyholos
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Alberta court allows Securities Commission penalty to survive bankruptcy
    2020-02-24

    On January 17, 2020, Justice Romaine of the Alberta Court of Queen’s Bench found that the Alberta Securities Commission’s (the “ASC”) administrative penalties against Theodor Hennig (“Hennig”) survived Hennig’s discharge in bankruptcy. This decision marks the first time a Canadian court has considered securities regulatory penalties within the context of subsection 178(1) of the Bankruptcy and Insolvency Act (the “BIA”).

    Filed under:
    Canada, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, DLA Piper, Alberta Securities Commission
    Authors:
    Adrienne Wong
    Location:
    Canada
    Firm:
    DLA Piper
    Supreme Court of Canada decision impacts Securities Commissions’ ability to collect from bankrupt transgressors
    2024-08-01

    On July 31, 2024, the Supreme Court of Canada released its decision in Poonian v. British Columbia (Securities Commission), on whether financial sanctions imposed by securities regulators are dischargeable through bankruptcy. The decision resolves a conflict between Alberta and B.C. jurisprudence and will have a significant impact on the treatment of all administrative orders in bankruptcy proceedings.

    The facts

    Filed under:
    Canada, Ontario, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Ontario Securities Commission, Alberta Securities Commission, Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court
    Authors:
    Lawrence E. Ritchie , Teresa Tomchak , Shawn Irving , Simon Cameron
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    The Supreme Court of Canada considers whether a debt owed to the British Columbia Securities Commission survives bankruptcy under an exception to the ‘fresh start’ principle
    2023-12-06

    On December 6, 2023, the Supreme Court of Canada heard the appeal of Poonian v British Columbia Securities Commission, 2022 B

    Filed under:
    Canada, British Columbia, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, Dentons, Alberta Securities Commission, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court, British Columbia Court of Appeal
    Location:
    Canada
    Firm:
    Dentons
    Securities Sanctions Survive Bankruptcy, British Columbia Court of Appeal Rules
    2022-08-31

    A bankruptcy discharge releases the debtor from pre-bankruptcy debts or liabilities. The purpose is to give the debtor a “fresh start” from excessive debts that cannot be repaid, except in certain situations such as where the debt arises from deceitful or fraudulent conduct. In Poonian v. British Columbia (Securities Commission), the British Columbia Court of Appeal held that securities sanctions are excluded from bankruptcy discharge.

    Filed under:
    Canada, British Columbia, Capital Markets, Insolvency & Restructuring, Litigation, Trade & Customs, Baker McKenzie, Insolvency, Alberta Securities Commission, British Columbia Court of Appeal
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
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