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    Msi Spergel Inc. v. I.F. Propco Holdings (Ontario) 36 Ltd. – no suspension of limitations periods pursuant to s. 195 of the BIA
    2013-10-25

    Upon the filing of an appeal of a bankruptcy order, that order is stayed pursuant to section 195 of the Bankruptcy and Insolvency Act (“BIA”). In Msi Spergel v. I.F. Propco Holdings (Ontario) 36 Ltd., 2013 ONCA 550, the Ontario Court of Appeal had to decide whether that stay suspends the limitation period applicable to a motion by a trustee to set aside a preferential payment by a bankrupt under s. 95 of the BIA.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Bankruptcy, Statute of limitations, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    Mark A. Gelowitz
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Technology licenses in the context of a licensor's bankruptcy and insolvency
    2013-06-24

    Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts showing signs of distress or, even worse, becomes insolvent. Canadian legislation offers some clarity regarding each of the parties' rights and obligations in the event of a licensee's insolvency or bankruptcy.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Bennett Jones LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Denise D. Bright , Stephen D. Burns , J. Sébastien A. Gittens
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Real estate development and investment companies having trouble finding shelter under the CCAA
    2013-05-02

    The Companies’ Creditors Arrangement Act1 (the “CCAA”) is by far the most flexible Canadian law under which a corporation can restructure its business. When compared against theBankruptcy and Insolvency Act2 (the “BIA”), the CCAA looks like a blank canvass and lends itself well to invention and mutual compromise.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Debtor, Mortgage loan, Liquidation, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Ian Aversa
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Supreme Court offers some financiers protection, creates new risks for others, in its decision on Sun Indalex, LLC v. United Steelworkers
    2013-06-03

    The Supreme Court of Canada, in a decision that has implications for borrowers and lenders alike, particularly where pension funds are involved, has raised some new hurdles for the country’s banks and their business customers and, at the same time, has bolstered protection for lenders of last resort who finance insolvent companies.

    The court’s decision in Sun Indalex Finance, LLC v. United Steelworkers, issued earlier this year, addresses critical questions in insolvency law regarding pension funds and DIP financing. 

    Filed under:
    Canada, Ontario, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Blaney McMurtry LLP, Debtor, Liquidation, Debtor in possession, United Steelworkers, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    John Polyzogopoulos , Varoujan Arman
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Arbitration: one step forward, one step back
    2013-03-12

    Justice Morawetz of the Ontario Superior Court (also a celebrity among lawyers for being the Morawetz in the trio of Houlden, Morawetz, & Sarra, authors of the Annotated Bankruptcy and Insolvency Act) announced last week (on 8 March) that the next step in the long-running Nortel insolvency proceedings would be a cross-border joint trial to carve up the rump of Nortel’s liquidated assets (app

    Filed under:
    Canada, Arbitration & ADR, Insolvency & Restructuring, DLA Piper, Bankruptcy and Insolvency Act 1985 (Canada), Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    DLA Piper
    Give this post superpriority – Supreme Court decides Sun Indalex Finance, LLC v. United Steelworkers
    2013-02-05

    Introduction

    The Supreme Court has issued its much-anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers.

    Filed under:
    Canada, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Conflict of interest, Debtor, Fiduciary, Beneficiary, United Steelworkers, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    Ronald Podolny , Mark Firman
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Indalex – priorities and pension deficiencies
    2013-02-07

    On Friday, February 1, 2013, the Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re).  The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial uncertainty for financing transactions.  The primary issue for lenders was a priority dispute between a court ordered super-priority charge granted to a lender that had provided “debtor-in-possession” (DIP) financing under the Compan

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Liquidation, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Kevin J. Morley , Scott Horner , Richard Borins , Edward A. Sellers , Michael De Lellis
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Indalex: appeal allowed, but ...
    2013-02-07

    On February 1, 2013, the Supreme Court of Canada (SCC) released its decision in Sun Indalex Finance, LLC v. United Steelworkers (Re Indalex). With respect to one critical issue,the SCC confirmed that a court-ordered debtor-in-possession (DIP) charge had priority over a deemed trust (akin to a statutory security interest) securing the debtor's obligation to fund a pension wind-up deficiency on the wind-up of a defined benefit (DB) pension plan.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Debtor, Liquidation, United Steelworkers, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Re Northern Sawmills Inc. – court considers post-Indalex pension claims in receivership
    2012-12-19

    This is another post-Indalex pension deficit priority case. Due to factual differences from Indalex, however, the pension claims were largely rejected.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Ian J.F. McSweeney
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Quick flip a flop: application for court appointed receiver and order for quick flip asset sale denied
    2012-06-18

    The Ontario Superior Court of Justice (Commercial List) recently declined to grant a receivership order under section 243 of the Bankruptcy and Insolvency Act (Canada) (“BIA”) and s. 101 of the Courts of Justice Act (Ontario) (“CJA”) or to approve a proposed  “quick flip” transaction among related companies on the basis of an insufficient evidentiary record. Insolvency practitioners should take note of this case, 9-Ball Interests Inc. v.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Debtor, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Andrea Lockhart , Steven Golick
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP

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