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    The effect of on-going insolvency and restructuring proceedings on landowner claims for compensation before the Alberta Surface Rights Board
    2014-07-02

    ​The doctrine of federal paramountcy provides that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency and the remainder of the provincial legislation is unaffected.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Land tenure, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Andrew Pozzobon
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    A little knowledge is a dangerous thing…because it calls for reasonable diligence
    2014-05-23

    The British Columbia Court of Appeal recently released a helpful decision applying principles of discoverability to determine when a limitation period begins to run. In Roberts v. E.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Statute of limitations, Due diligence, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Brooke MacKenzie
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Highway 407 toll indebtedness: the benefits of being discharged from bankruptcy
    2014-04-09

    On December 19, 2013, the Ontario Court of Appeal held that the Registrar of Motor Vehicles (the “RMV”) cannot deny vehicle permits to individuals on account of pre- bankruptcy debts owing to the ETR Concession Company Limited (the  “ETR”). Based  on the  intent and  purpose of federal bankruptcy law to permit debtors to obtain a “fresh start,” it was concluded that the provincial act establishing the ETR conflicts with bankruptcy law and was, as a result, unconstitutional in part.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Debtor, Debt, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Equitable subordination in Canada — waiting for the right facts
    2014-05-06

    What does the U.S. doctrine of equitable subordination have to do with Canada? Superficially, the answer may be: not much. But for many financing and insolvency professionals here in Canada, there remains a palpable sense that the U.S. doctrine will eventually, if not inevitably, find its way fully across the U.S. border into Canada. So, perhaps the more appropriate response really ought to be: not much, at least not yet! It is because of this anticipation that it is worthwhile, from time to time, to summarize the central aspects of the U.S.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor, Unsecured debt, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    James J. Shanks
    Location:
    Canada, USA
    Firm:
    Gowling WLG
    Industry Canada consulting on treatment of derivatives in Canadian insolvency legislation
    2014-05-21

    Derivatives market participants will want to pay close attention to Industry Canada’s recent discussion paper regarding its review of the Bankruptcy and Insolvency Act (BIA) and

    Filed under:
    Canada, Derivatives, Insolvency & Restructuring, Stikeman Elliott LLP, Derivatives market, Innovation, Science and Economic Development Canada, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Test for granting leave to sue court-appointed receiver
    2014-02-18

    Introduction
    'Frivolous or vexatious' test
    'Strong prima facie case' test
    Applying the same test for leave
    Receiver's appointment and discharge orders
    Comment

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Vexatious litigation, Prima facie, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Norm Emblem , Soloman Lam
    Location:
    Canada
    Firm:
    Dentons
    Grievance: a provable claim within the meaning of the Companies’ Creditors Arrangement Act and Bankruptcy and Insolvency Act
    2014-03-17

    Norton Rose Fulbright’s Employment and Labour Team in Montréal raised a preliminary objection against an arbitrator’s jurisdiction on the basis of orders rendered pursuant to the Companies’ Creditors Arrangement Act (“CCAA“), which was upheld and led to the dismissal of the grievance.

    Filed under:
    Canada, Ontario, Employment & Labor, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy and Insolvency Act 1985 (Canada), Ontario Superior Court of Justice
    Authors:
    Philippe Levac, CIRC
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Preferential payments: commercial imperative or creditor pressure?
    2013-12-04

    In the recent decision of the Alberta Court of Appeal in Orion Industries Ltd. (Trustee of) v Neil's General Contracting Ltd.1("Orion Industries") the Court interpreted and applied the rule added as part of the 2009 amendments to section 95(2) of theBankruptcy and Insolvency Act ("BIA") which deals with preferential payments. That amendment provides that evidence of pressure by a creditor is inadmissible to support a preferential payment.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, McMillan LLP, Debtor, Debt, Liquidation, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal of Alberta
    Authors:
    Waël Rostom , Jeffrey Levine
    Location:
    Canada
    Firm:
    McMillan LLP
    Courts hesitant to lift stay of proceedings early
    2013-10-09

    In the 2012 decision of SWP Industries Inc., Re, Justice McLellan of the Court of Queen’s Bench of New Brunswick (the “Court”) declined to lift the stay of proceedings one week in advance of its expiry, despite the assertion of material prejudice advanced by Bank of Nova Scotia (“BNS”).

    Filed under:
    Canada, New Brunswick, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Suspension denied: ONCA confirms that automatic stay pending appeal does not suspend the limitation period
    2013-10-22

    The recent decision of the Ontario Court of Appeal in msi Spergel Inc. v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550 (“msi Spergel”) confirms that the Court will not suspend, extend or otherwise vary the general two-year limitation period under the Limitations Act, 2002 (the “Limitations Act”) unless there is express statutory authority to do so.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Statute of limitations, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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