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    Examining a bankrupt … again
    2008-07-31

    In Mendlowitz & Associates Inc. v. Chiang, an Order was granted in 2006 compelling the bankrupt and others to attend for an examination by the trustee under section 163(1) of the Bankruptcy and Insolvency Act (Canada). In 2008, the trustee applied under the same section to examine the bankrupt and others again.

    Section 163(1) of the BIA provides:

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Costs in English law, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court, Trustee
    Location:
    Canada
    Firm:
    Dentons
    Court compels examination under BIA notwithstanding self-incrimination objection
    2010-03-31

    In Rieger Printing Ink Co, 2009 WL 477541 (Ont S.C.J. [Commercial]), the Ontario Superior Court of Justice dealt with a party's right to protection against selfincrimination in relation to an examination held under section 163 of the Bankruptcy and Insolvency Act, R.S.C., 1985 c. B-3 ("BIA").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Discovery, Legal burden of proof, Bankruptcy and Insolvency Act 1985 (Canada), Canadian Charter of Rights and Freedoms, Supreme Court of Canada, Ontario Superior Court of Justice, Trustee, Chief financial officer
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    New amendments to insolvency legislation finally arriving!
    2008-07-15

    Pursuant to an Order in Council dated July 4, 2008, July 7, 2008 was established as the date that certain of the provisions of S.C. 2005, c. 47 (the "Insolvency Reform Act 2005") and S.C. 2007, c. 36 (the "Insolvency Reform Act 2007") came into force. The Wage Earner Protection Program Act (the "WEPPA") as well as certain of the amendments to the Bankruptcy and Insolvency Act (the "BIA") made by the Insolvency Reform Act 2005 and the Insolvency Reform Act 2007 are, as a result, now in force.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Wage, Bankruptcy, Shareholder, Debtor, Interest, Debt, Tax deduction, Bankruptcy discharge, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Review of the Jameson House restructuring
    2009-11-27

    Jameson House Properties Ltd. and Jameson House Ventures Ltd. (the Jameson Companies) were incorporated to develop a 37-storey mixed-use building in downtown Vancouver called Jameson House. By 2008, after many years of planning and development, the Jameson House project was well underway.

    Filed under:
    Canada, Construction, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Legal personality, Debtor, Liquidation, Cashflow, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Times they are a-changing
    2008-04-03

    In anticipation of the coming into force of amendments to current Canadian insolvency legislation, the Toronto Insolvency and Workout Group has created a comprehensive tool to help identify the changes.

    We have created blackline versions of the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) and the Wage Earner Protection Program Act (Canada) which show what the statutes will look like when the amendments are proclaimed in force and which specifically illustrate the changes that have been made.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Wage, Bankruptcy and Insolvency Act 1985 (Canada), The Times
    Location:
    Canada
    Firm:
    Dentons
    Summary of amendments to the CCAA and BIA
    2009-09-23

    On September 18, 2009, amendments (the "Amendments") to the Companies’ Creditors Arrangement Act (the "CCAA") and Bankruptcy and Insolvency Act (the "BIA") came into force.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Wage, Bankruptcy, Debtor, Consideration, Good faith, Severance package, Constitutional amendment, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Corn producers not able to rely on their supplier rights under the BIA
    2008-02-28

    In Meunerie B.L. inc., Re (2007), EYB 2007-126274, 2007 QCCA 1601 (Que. C.A.) affirming (2006), EYB 2006-109274, 2006 QCCS 4914 (Que. S.C.) Meunerie B.L. Inc. (“Meunerie”) made an assignment in accordance with the Bankruptcy and Insolvency Act (“BIA”). At the time of bankruptcy Meunerie was a mill which processed corn purchased from corn producers. Corn that was delivered to Meunerie was stored on site in silos

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Unsecured debt, Bankruptcy and Insolvency Act 1985 (Canada), Quebec Court of Appeal, Trustee
    Location:
    Canada
    Firm:
    Dentons
    Broad interpretation of “wages” under WEPPA
    2009-06-30

    The decision of the British Columbia Superior Court in Re Ted Leroy Trucking Ltd. was a result of an application for directions with respect to what amounts are properly covered by the Wage Earner Protection Program Act, S.C. 2005, c. 47 (the “WEPPA”), and the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “BIA”).

    Filed under:
    Canada, British Columbia, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons, Wage, Bankruptcy, Liability (financial accounting), Severance package, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Amendments to insolvency legislation to come into force on a date to be proclaimed
    2008-02-01

    LEGEND

    What follows are blackline documents outlining amendments to the BIA, CCAA and WEPP which have been passed by the government, but not yet proclaimed in force. It is hoped that these comparisons will serve as a useful tool in providing a comprehensive understanding of what the legislation will ultimately look like, when the proposed amendments are proclaimed in force.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Wage, Unemployment benefits, Constitutional amendment, Canada Pension Plan, Bankruptcy and Insolvency Act 1985 (Canada), Canada Labour Code
    Location:
    Canada
    Firm:
    Dentons
    The monitor’s power to revise claims after a claims bar date
    2009-06-30

    In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies’ Creditors Arrangement Act (“CCAA”) brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim’s bar date, but before the date set for the monitor to complete its assessment of claims.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta, Trustee
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons

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