Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Royalties from music publisher belonged to lender of bankrupt
    2009-05-14

    Re Friedman (2008), 49 C.B.R. (5th) 131 (Ont. S.C.J. in bankruptcy)

    Mr. Friedman assigned his rights to royalties he would receive from SOCAN, the Canadian copyright collective that administers royalties for tis members, to his music publisher, to secure loan advances to him from the publisher.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Miller Thomson LLP, Royalty payment, Wage, Bankruptcy, Copyright collective, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Boom, bust and dip
    2009-05-19

    The extraordinary turmoil in the financial markets in recent times has caused many major economies, including the Canadian economy, to enter into a recessionary period. With the financial sector still trying to cope with the shocks of 2007 and 2008, prospects for a full Canadian economic recovery in the near future appear uncertain. Recent decisions by well-established Canadian companies such as Nortel Networks and Masonite International Corporation (a Kohlberg Kravis Roberts & Co.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Stikeman Elliott LLP, Bankruptcy, Debtor, Interest, Debt, Supply chain, Liquidation, Chrysler, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Justin Parappally
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Employee super-priority under the WEPPA and the BIA: comments on Ted Leroy Trucking Ltd. and 383838 B.C. Ltd. (Re)
    2009-05-29

    The Wage Earner Protection Program Act, S.C. 2005, c. 47 (the “WEPPA”), came into force on July 7, 2008. This paper will set out the implications of the WEPPA on insolvency practice and provide a brief analysis of Ted LeRoy Trucking Ltd. and 383838 B.C. Ltd. (Re), 2009 BCSC 41 (“LeRoy Trucking”), the only reported decision regarding the WEPPA (as at the date of this paper) since the legislation came into force.

    I. Introduction to the WEPPA

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons, Wage, Bankruptcy, Commission (remuneration), Severance package, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Mary I. A. Buttery , Cindy Cheuk
    Location:
    Canada
    Firm:
    Dentons
    Supplier's rights under S. 81.1 of the Bankruptcy and Insolvency Act expanded
    2009-04-29

    Section 81.1 of the Bankruptcy and Insolvency Act (“BIA”) grants a temporary super priority to suppliers who provided goods to a bankrupt purchaser or where a receiver has been appointed in relation to the purchaser. The section requires the supplier to provide a written demand to the purchaser and allows the supplier to repossess the goods within thirty days of the date of the delivery of goods.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Unsecured debt, Secured creditor, Unsecured creditor, Goldman Sachs, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    Insolvency and restructuring in Canada
    2009-03-31

    Canada’s insolvency and restructuring regime consists primarily of two separate statutes that have been substantially amended in recent years to align their restructuring provisions. Despite some similarities with its U.S. counterpart, the amended Canadian regime remains distinct.

    Filed under:
    Canada, Insolvency & Restructuring, Osler Hoskin & Harcourt LLP, Corporate governance, Wage, Bankruptcy, Debtor, Debt, Secured creditor, UNCITRAL, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Sandra Abitan
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Court denies request for a sealing order for transcript of Section 163(1) examination under the Bankruptcy and Insolvency Act
    2009-04-17

    In the recent decision of Re Rieger Printing Ink Co., Justice Pepall of the Ontario Superior Court of Justice (Commercial List) considered the right to protection against selfincrimination in a Section 163 examination conducted under the Bankruptcy and Insolvency Act (the "BIA").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Discovery, Constitutionality, Bankruptcy and Insolvency Act 1985 (Canada), Canadian Charter of Rights and Freedoms, Trustee, Chief financial officer, Supreme Court of Canada
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Rights of trustees in bankruptcy and secured creditors to licenses held by a debtor
    2009-04-28

    The Supreme Court of Canada recently released its decision in Saulnier v. Royal Bank of Canada1 ("Saulnier"), an important case involving fishing licences in the context of a secured lending transaction and an assignment in bankruptcy. This case contains what we believe is significant commentary on classifying certain governmental licences as "property" under the Bankruptcy and Insolvency Act (Canada) (the "BIA") and "personal property" under the Personal Property Security Act (Nova Scotia) (the "Nova Scotia PPSA").

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Interest, Consideration, Personal property, Secured creditor, Tangible property, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Supreme Court of Canada
    Authors:
    Shane B. Pearlman
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Superintendent’s Levy deducted from repayment of bank’s mortgage
    2009-01-30

    In Seeley (Trustee of) v. Canadian Imperial Bank of Commerce (2008), the Bankruptcy Court determined that the Superintendent’s Levy was payable on the amount paid to a secured creditor by a Trustee in bankruptcy.The bankrupt made an assignment into bankruptcy. He owned a cabin which was mortgaged to the Bank.

    The Trustee sent the Bank three notices requiring it to file proof of its security. The Bank did not respond.The cabin was sold and subsequently the Bank filed a Proof of Claim in the bankruptcy.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Dividends, Interest, Debt, Mortgage loan, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, United States bankruptcy court
    Location:
    Canada
    Firm:
    Dentons
    Application in Canada of the U.S. doctrine of equitable subordination
    2009-02-18

    The U.S. doctrine of equitable subordination (as now set out in the U.S. Bankruptcy Code) allows a U.S. court to subordinate all or part of a creditor's claim to the claims of other creditors if the creditor has engaged in inequitable conduct that gives the creditor an unfair advantage or is injurious to the other creditors. Will the Canadian courts apply the doctrine?

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Secured creditor, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Bankruptcy risks for intellectual property licensing in Canada
    2009-02-23

    The recent economic turmoil has brought to the forefront concerns by licensees as to what happens to their rights to licensed intellectual property upon the bankruptcy of a licensor. Unfortunately, under Canadian law, the answer to that question is not clear.

    Background

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Stikeman Elliott LLP, Bankruptcy, Injunction, Economy, Vesting, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of England & Wales, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 25
    • Page 26
    • Page 27
    • Page 28
    • Current page 29
    • Page 30
    • Page 31
    • Page 32
    • Page 33
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days